Oregon’s stay-at-home order remains in place for now–but what’s next?
Click here for updates on this story
PORTLAND, OR (KPTV) — Oregon’s stay-at-home order will remain in place for now after the Oregon Supreme on Monday put a halt on a judge’s ruling that the governor’s coronavirus restrictions were null and void.
For now, that means the state is operating under the same mandate as there was on Sunday. That remains in place until the Oregon Supreme Court issues a ruling in the case, which could come as early as next week.
It’s important to note that just because the state issued a stay doesn’t mean they believe Baker County Circuit Judge Matthew Shirtcliff’s ruling was wrong or right. It means this is a high stakes issue, and they don’t want to massively disrupt the way Oregonians have been living for the past two months.
The stay gives both parties a chance to write up their briefs and file them, which they have until Friday to do. If the Oregon Supreme Court rules in favor of the Gov. Kate Brown, then we should go back to the current stay-at-home orders.
FOX 12 spoke with a law professor from Lewis & Clark Law School in Portland. Professor Tung Yin says that if the Oregon Supreme Court rules against the governor, it doesn’t mean she can’t issue another stay-at-home order. It means the particular statute she invoked would not apply anymore and she would have to go back and issue a new order.
“If the state Supreme Court rules against the governor then that pretty much ends the legal issue,” Yin said. “I don’t think she could appeal to the US Supreme Court because this is entirely an issue about Oregon law. And Oregon’s Supreme Court is the last word on Oregon law unless you can show that it somehow violates US Constitution, but that wouldn’t be an issue here.”
The attorney leading the charge on challenging the governor’s executive orders, Kevin Mannix, said on Tuesday that they aren’t asking Oregonians to be foolish in this pandemic or say that people shouldn’t care about social distancing. The root of their case, Mannix says, is showing how the governor’s powers are outside of normal range of expectations in a free society.
Mannix also highlighted how the Oregon Supreme Court is working on an expedited deadline, asking for briefs by Friday.
“That’s important because under normal public procedure we shouldn’t be replying until a deadline of June 1,” Mannix said. “The Supreme Court has moved up the reply deadline and I think they are sensitive to the time limitations involved and the issues raised in this litigation.”
Yin said the Oregon Supreme Court’s ruling could take days or a couple weeks. He says they will likely get this done as quickly as possible while also giving the case the full attention it deserves.
Please note: This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.
