Oregon Gov. Kate Brown acted within her statutory and constitutional authority when she issued extended stay-at-home orders in response to the Covid-19 pandemic, the Oregon Supreme Court ruled Friday.
The Supreme Court ruling throws out a May 18 preliminary injunction issued by a lower court against Brown’s stay-at-home order in a suit brought by several churches, which asserted Brown (D) needed the approval of lawmakers to extend her order beyond 28 days. The Supreme Court held that the governor could issue such orders to protect the public health without time limits and without seeking additional legislative authority.
The Supreme Court immediately stopped the injunction and it never went into effect.
The case is Elkhorn Baptist Church v. Brown, Or. en banc, S067736, opinion issued 6/12/20.