Posted on 03/31/2020 8:59:32 PM PDT by cll
Not that I've heard of, anyway. Are US Courts even open?
Is this supposed quarantine authority the executives around the country are using and abusing, unlimited in scope and length, not subject to revision by any court or legislature, ever?
When did we consent to that?
Those are worst case scenarios, but IF the cases and deaths grow at the same rate as they have been, 100,000 deaths is not out of the question. They were not just making numbers up today.
Prepare for the worst, hope for the best.
I suspect we will see martial law before this is over. And the military preparing for attacks by enemies (most likely China or Mexico).
Quite correct. The government has broad police powers that usually refer to the power to repel invasion, suppress insurrection, and counter pestilence and natural disasters. The courts historically will not intervene and the courts are simply not going to get involved. Period. Last week one of these lawsuits was summarily dismissed without comment by the Supreme Court of Pennsylvania
Yeah, like where is the ACLU on all of this?
Here’s your answer:
Talk about some muddled gobbledygook.
Second Amendment Foundation saf.org has successfully filed lawsuits which have caused the LA County Sheriff to reopen previously closed then opened then closed, now opened firearms retailers. Additionally, the Goobernor of New Jersey was forced to reopen based on the threat of the lawsuit being filed.
There are a few more; SAF is very much “on the ground” and involved with these power grabbing bureauc-rats.
Ed
If you get yourself arrested and prosecuted (standing) you might get a hearing in 3 years.
But the government attorney will petition for summary dismissal(based on statutes)...and they’ll win that at the first couple of levels.
And if you have the money you might get it to Circuit Court of Appeals.
You’ll need a legal sponsor that believes in your cause.
“The only one that can overturn a presidents power is the congress according to the emergency powers act of 1974.”
And they’d have to garner 2/3 of both houses to overturn his veto.
Folks: it would take LESS votes to impeach and remove a POTUS than overturn his veto.
Trump is now, essentially, a war time president. And a war time president of the US is the most powerful man in the world. And the governors under similar statutes the most powerful person in their state.
And both can act unilaterally...sometimes outside judicial review.
And in all cases under judicial delay.
“Quarantine, historically and legally, has been for sick people.”
Technically, ordered isolation is for sick people.
Quarantine is designed in statute and practice to separate the sick from the healthy when you have some reason to suspect some number of them have been exposed to an infectious disease. And those laws allow for confinement in a designated place.
Right or wrong.
During a national emergency the elected government has effectively unlimited power as it is designed to for the good of the citizenry. The checks on power is the three branches have roles and limits. Nothing being done right now is unconstitutional not even close. The government not only has the power but the DUTY to enforce quarantine during times of medical emergency. The military and every other law enforcement agency in the country also has a duty to the protect the health and safety of every citizen. No where in the constitution does it say you have the right to an economy of your liking there is plenty on preservation of life, and the general welfare as well. Anyone can sue in America the supreme court has upheld medical quarantine in the past and they have upheld the internment at military run camps for American citizens as a Japanese American over 80 about it. The Supremes will certainly uphold even marital law in our current situation which I fully expect we will see before the worst is over.
We can't do that yet, because we are still ramping manufacturing.
Unbelievable. How is that not a “taking”? They have basically used imminent domain to house debtors in YOUR structure.
I appreciate your injecting sanity into the conversation.
https://en.wikipedia.org/wiki/2019%E2%80%9320_coronavirus_pandemic#Epidemiology
United States
Cases 189,445
Deaths 4,075
Recoveries 7,082
Thank you, I have seen first hand what happens when civil society breaks down. Kosovo in the early and mid 90s is on par with what a breakdown of the American people vs each other would look like. The vast majority of Americans realise we are in mortal danger more than half of us have one or more of the “preexisting conditions” that this bug is killing people with. Hypertension, diabetes, kidney dysfunction, COPD, child hood asthma, adult asthma, immunity disorders, et al. We have a duty to each other and our nation to follow the leadership that we lawfully elected. Our POTUS has some of the most qualified medical personnel on the entire planet giving him classified briefings. If he says we need to stay home for 30 days then we have a duty to do exactly that. We elected him to do this job and gave him now that he is for all purposes a war time POTUS unilateral and virtually unlimited power. Congress is his check and balance they can override him with 2/3s of both houses that’s the constitutional provision. As a service member my oath is to the constitution and so far this wonderful man has been the only POTUS in the last decade to unwaveringly uphold that great document. He says stay home for 30 day’s or the national guard will enforce it. As a former soldier and later a guard member subject to recall for life as my warrant is a lifetime appointment I will do my duty to my last breath to serve those who have the constitutional authority to protect us even if it’s from the weaker minded amongst us.
These guys might as well wonder out loud why no one filed a lawsuit againt rationing in WW2.
No one won a lawsuit against FDR when he forced citizens to open safety deposit boxes and turn over physical gold for paper T bonds when he made the civilian possession of gold illegal in the USA. The Supremes upheld the confiscation of private property in exchange for printed paper certificates when it was in the national best interest. They also upheld the internment of American citizens indefinitely while the country was in a war footing. It’s absolutely ludicrous to think they would do anything about people being told to stay home during a global pandemic. Any lawsuit will sit for years in waiting if they don’t just immediately dismiss it out of hand. They know the check on POTUS and governors is their houses of legislation that are duly elected.
Well stated. Thank you.
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