May 19, 2020 4:30 a.m.
In a quick legal back and forth, Monday night the Oregon Supreme Court granted an emergency stay on a Monday ruling by a Baker County Circuit Court Judge that invalidated Governor Kate Brown’s emergency orders related to the COVID-19 pandemic.
State Supreme Court Presiding Justice Thomas Balmer granted the stay after reviewing briefs from both sides.
That means executive orders mandating how many sectors of the business community operate and enforcing social distancing will remain in place while the court takes up legal challenges to the Governor’s emergency authority.
Earlier in the day Judge Matthew Shirtcliff granted an injunction on more than 21 orders dating back to March 12th. That followed a lawsuit filed on behalf of the Pacific Justice Institute, which takes on religious liberty cases. The suit represented a group of churches and 21 individuals.
Shirtcliff said that aspects of Brown’s orders resembled part of state law that governs public health emergencies. He said they come with a provision that they can’t be extended for more than 28 days. Brown’s emergency declaration was put in place for 60 days and then extended for another 60 days earlier this month. Shirtcliff’s ruling said that was illegal.
In response to the stay, Brown said “following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit”.
Brown said “there are no shortcuts for us to return to life as it was before this pandemic”. She said that moving too quickly could return Oregon to the early days of the crisis. Brown said “the science remains clear: by physically distancing, wearing face coverings, staying home as much as possible and only gradually reopening our communities we can save lives and keep Oregonians safe”.
Balmer gave plaintiffs until Friday to file any responses and said the court would take the matter under advisement, with no set timetable for a decision, according to Oregon Public Broadcasting.