A Multnomah County Circuit Court judge, Melvin Oden-Orr, has dismissed a lawsuit filed by Senator Dennis Linthicum (R-Klamath Falls), Representatives E. Werner Reschke (R-Malin) and Mike Nearman (R-Independence), and a citizen Neil Ruggles, over the validity of the emergency executive orders issues by Governor Kate Brown regarding the COVID-19 outbreak.

The Legislators argued "that certain executive orders issued by Governor Kate Brown pursuant to ORS Chapter 401 violate provisions of the Oregon Constitution and are, therefore, invalid. In addition, that ORS 401.168 and 401.192 violate the Oregon Constitution, as well as the Guarantee [of a Republican Government] Clause of the United States Constitution.

The dismissal marks a setback for the conservative legislators who sought to roll back the Governor's executive orders and end what they saw as arbitrary lockdowns and other measures not based strictly on science.

In his decision, Judge Oden-Orr concluded:

Legislator plaintiffs argue they have, “as individuals, a right to be heard in the Legislature on the important questions of public policy raised by the COVID-19 epidemic.” They point to the Oregon Constitution, Article I, Sections 21 and 22, and Article IV, Sections 14 and 26. As an initial matter, Plaintiffs provide no basis for the Court to determine Article IV, Section 26 applies in any context outside of actual legislative debate. Thus, the Court finds Article IV, Section 26 does not reflect a legally recognized interest for a legislator to challenge the constitutionality of ORS Chapter 401. None of the other constitutional provisions speak to a legally recognized right of an individual member of the Legislative Assembly. Instead, each refers to the role or function of the Legislative Assembly, House and Senate, as bodies; not those of individual members. Thus, plaintiff legislators have failed to allege and prove a legally recognized interest to support standing to challenge the provisions of ORS Chapter 401 and the Governor’s executive orders issued pursuant thereto.

Plaintiffs have indicated that they are unlikely to appeal, based on the makeup of the Oregon Court of Appeals and the Oregon Supreme Court.

--Staff Reports

Post Date: 2021-02-17 15:46:51

Last Update: 2021-02-17 16:25:55