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Mask mandates are not unconstitutional, the DOJ says in a blistering 157-page rebuttal to a man who sued the CDC and 7 airlines
Business Insider ^ | 14 Aug 2021 | Kevin Shalvey

Posted on 08/15/2021 12:22:56 AM PDT by blueplum

The US government has defended the legality of its mask mandates, filing a point-by-point rebuttal against a complaint in Florida that said such mandates were unconstitutional.

This week's filing appeared to be the first time the government laid out a lengthy legal defense against claims that mask mandates put in place during the pandemic were illegal.

The filing included 88 pages of rebuttals and another 70 pages of exhibits. ...

..."And there is no constitutional right 'to not have a policy imposed on [him],' that he thinks is harmful — that is one of the basic tradeoffs of living in a society, with a government that is authorized to make policy choices that individual citizens may not support," the lawyers said.

Wall, who is representing himself, said he expects to file an about 50-page response ...

(Excerpt) Read more at businessinsider.com ...


TOPICS: Chit/Chat; Health/Medicine; Travel
KEYWORDS: civilliberties; civilrights; coronavirus; courts; covid; doj; mandate; maskpolicy; masks; pandemic; passports; publictravel; vaccine
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To: blueplum

Which is just another way of saying if 5 of 9 criminal justices agree, we can do anything we want even if it is explicitly denied in the written Constitution.

Folks, we live in a criminal country that makes it legal and
constitutional to murder babies. We are no different than a the times when racist, control freak democrats “allowed” and made slavery legal and the counting of slaves as 3/5 of a person for the census.

CWII is here.


21 posted on 08/15/2021 3:34:36 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: blueplum

It is impossible to find any clause of the Constitution that authorizes the Federal government to impose any mandate to wear a mask or get a vaccination.

And that ends the argument. And it didn’t take 157 pages.


22 posted on 08/15/2021 3:45:35 AM PDT by sourcery (#MakeThouhtFreeAgain)
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To: MagnoliaB

We’re no longer a republic.

It does.


23 posted on 08/15/2021 4:02:52 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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To: blueplum
And there is no constitutional right 'to not have a policy imposed on [him]

That's... actually... exactly what the BoR says.

"Congress shall make no law..."

"Shall not be infringed..."

"No warrants shall issue..."

"nor shall any person be subject..."

I could go on. The Bill of Rights clearly defines the rights extant against which Congress or any legal body or officer cannot override.

Does the Constitution plainly say we have a right to live life unmasked? No, but it's full of things tyrants aren't allowed to take from us, and I'm pretty sure Amendment 4 could be construed to mean security in one's person as not being harassed for not wearing a mask.

24 posted on 08/15/2021 4:29:14 AM PDT by rarestia (Repeal the 17th Amendment and ratify Article the First to give the power back to the people!)
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To: blueplum

Don’t you remember that durning the AID’s out break the government outlawed bare back...... it’s was for the children after all........


25 posted on 08/15/2021 4:59:53 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: blueplum

That is correct, Thomas will accept but I question which side of the vote she will end up on.


26 posted on 08/15/2021 5:19:24 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: blueplum

OK, mask mandates aren’t unconstitutional. No one is saying what a mask needs to be made of, so if I’m required to ever wear a mask again, mine will be made from a fishnet stocking. It’s just as effective of anything short of an N95 mask.


27 posted on 08/15/2021 5:23:19 AM PDT by Living Free in NH
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To: blueplum

Of course when you ask any agency or official if they have the constitutional authority to do something, they will always respond yes. They should be asked where in the constitution does it give you the authority to mandate masks.


28 posted on 08/15/2021 5:51:23 AM PDT by Dutch Boy
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To: MagnoliaB

The Constitution is dead. These idiots will eventually arrest any judges who disagree wit them. The courts have no power without the executive branch. Take out the courts and we have true Tyranny. Everyone who is not part of the Greatest Generation are about to find out what happens when you don’t lean history.

This is exactly out of the Star Trek TOS Patterns of Force.


29 posted on 08/15/2021 5:53:58 AM PDT by DownInFlames (G)
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To: blueplum

This is the same Department of Injustice that ignores the 4th Amendment when it comes to government agencies recording and storing every phone call, text, and email of everyone in the U.S.


30 posted on 08/15/2021 5:57:10 AM PDT by T.B. Yoits
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To: Erik Latranyi
If this philosophy stands, then restrictions can be made for anything that can transmit from one person to another.

Like ideas or opinions; They can be transmitted from one person to another. We have already seen the DHS declare that anybody who questions the government's WuFlu response is now a domestic terrorist. IKYN. (see tagline)

31 posted on 08/15/2021 6:02:46 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: Pilgrim's Progress

She ruled that Indiana University students must take the schools mandated jab before attending IU. That is unless a medical or religious exemption.


32 posted on 08/15/2021 6:15:10 AM PDT by Bronzy (CNN Fake News )
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To: Bronzy

https://www.politico.com/news/2021/08/12/amy-coney-barrett-indiana-university-vaccines-504322


33 posted on 08/15/2021 6:16:59 AM PDT by Bronzy (CNN Fake News )
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To: Bronzy

https://www.politico.com/news/2021/08/12/amy-coney-barrett-indiana-university-vaccines-504322


34 posted on 08/15/2021 6:19:48 AM PDT by Bronzy (CNN Fake News )
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To: Bronzy

That’s a different case- this one is addressing the constitutionality of mask mandates, which we should all know is not - unless Biden suspends the bill of rights (in which case anything goes).


35 posted on 08/15/2021 6:39:01 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: blueplum

Somehow folks have lost sight of the fact that the Constitution doesn’t give us our rights but rather limits the government’s ability to interfere with them.


36 posted on 08/15/2021 6:40:32 AM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith…. )
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To: EasySt

DoD knew it 30+ years ago. Every veteran since at least then and probably much further back used to be told that no amount of medical masks, tshirts over the mouth, or wet towels was of any use and would not help.


37 posted on 08/15/2021 7:04:12 AM PDT by gnarledmaw (Hive minded liberals worship leaders, sovereign conservatives elect servants.)
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To: Pilgrim's Progress

Oh. But, I was surprised by her ruling.


38 posted on 08/15/2021 8:12:04 AM PDT by Bronzy (CNN Fake News )
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To: Living Free in NH

I put tulle in one that I wore throughout the ordeal when I absolutely had to, to prevent me from throat punching a mask nazi.


39 posted on 08/15/2021 8:12:32 AM PDT by MagnoliaB ( You can't always get what you want but if you try sometime you will find you get what you need.)
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To: DownInFlames

Here’s a little something extra, that I watched this am, that will give you more insight to how corrupt and rotten the DOJ has become.

https://youtu.be/4C-U-ZmFhCc


40 posted on 08/15/2021 8:15:17 AM PDT by MagnoliaB ( You can't always get what you want but if you try sometime you will find you get what you need.)
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