The separation of powers is a core feature of not just our federal Constitution, but also the state constitutions. Many state constitutions, including California’s, explicitly prohibit officers in one branch of the government from exercising powers reserved for the other branches. Indeed, the federal Constitution’s division of core powers between three branches of government was influenced by the state governments that preceded it.

Ghost Golf is a small California business that was shuttered by COVID-19 restrictions issued solely by the state’s governor. Ghost Golf sued the state to prevent the governor from issuing similar orders in the future without first going through the state legislature. But the California Superior Court dismissed the case, holding that the governor’s rules did not violate the state constitution. The Court of Appeals for the State of California upheld the superior court’s dismissal. Ghost Golf has now requested review from the Supreme Court of California, and Cato has written an amicus letter on its behalf. 

In our letter, we emphasize that the separation of powers is no less important when protected by state constitutions. When the separation of powers is eroded, authority is easily abused. And when the state legislature hands over its lawmaking responsibilities to the governor, it endangers accountability by altering the legislature’s institutional interests. The Supreme Court of California should take these concerns seriously and agree to hear Ghost Golf’s case.