Amicus Briefs
Elkhorn Baptist Church v. Brown
CASE SUMMARY
NCLA filed an amicus brief in the Oregon Supreme Court in Elkhorn Baptist Church, et al. v. Katherine Brown. A broad coalition of local churches brought the case after being seriously disturbed by Governor Katherine Brown’s restrictions on religious gatherings since late March in response to the COVID-19 pandemic. However, NCLA’s particular interest lay in calling out the Governor’s unconstitutional attempt to seize emergency powers without lawful authorization.
Governor Brown declared the state of emergency on March 8, 2020. She later issued a series of Executive Orders that significantly restrict civil liberties, citing Oregon Revised Statute (ORS) 433.441. This emergency-powers statute authorizes the Governor to impose significant restrictions on the activities of private citizens, including on their movements and gatherings. But state law also stipulates that a proclamation of a public health emergency automatically expires in 28 days. And according to the Oregon Constitution’s Article X-A, the Governor is required to turn to the Legislative Assembly if she needs additional authority to deal with a public health emergency after 30 days.
On June 12, 2020, the Oregon Supreme Court upheld Governor Brown’s state-of-emergency declaration, holding that the declaration was authorized under Oregon law.
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NCLA Asks Oregon Supreme Court to Prevent Governor’s Usurpation of Law-Making Power
June 2, 2020 | Read More