Stay-at-home order upheld in Oregon’s highest court

SALEM, Ore. – The Oregon Supreme Court ruled a Baker County judge’s decision overturning Governor Kate Brown’s stay-at-home order was invalid.

In a lawsuit filed against Kate Brown by Elkhorn Baptist Church in Baker City, the plaintiffs argued Brown’s recent executive orders regarding the COVID-19 pandemic were unconstitutional. The lawsuit sought a temporary injunction barring the state from enforcing Executive Order 20-12. On the morning of May 18, Baker County Circuit Court sided with the church.

Almost immediately after the ruling, Governor Brown filed an appeal to take the case to the Oregon Supreme Court in Salem. During the appeal period, Governor Brown’s order remained in effect.

Paul Diller with Willamette University Law School said, “I think the Oregon SC will ask some tough questions of Governor Brown. We have two emergency statutes. One allows for emergency orders of unlimited length and other allows for emergency orders for 14 days. The Oregon Supreme Court will try to figure out which statute is applicable.”

On June 12, the Oregon Supreme Court ruled in Governor Brown’s favor. The ruling from the Baker County judge was vacated and Brown remains in control of statewide stay-at-home orders regarding COVID-19.

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