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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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article didn't link to the filing itself, sorry. Should be more about this in a few days.
1 posted on 08/15/2021 12:22:56 AM PDT by blueplum
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To: blueplum

There’s all that research that masks do not work, and the average citizen has to fight the tax-payer funded federal government for the right not to pretend the opposite is true. *smh*
We need different ‘public servants.’ The current ones think they own us.


2 posted on 08/15/2021 12:33:53 AM PDT by ransomnote (IN GOD WE TRUST)
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To: blueplum

Looks like the DOJ thinks they now make the laws.


3 posted on 08/15/2021 12:34:16 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: blueplum

I wonder how Amy Barrett will rule on this issue?


4 posted on 08/15/2021 12:41:04 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: ransomnote

guck the fovernment.


5 posted on 08/15/2021 12:42:51 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ransomnote

I’ll also note that the “fovernment’ is illegitimate...


6 posted on 08/15/2021 12:44:07 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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The DOJ betrayed POTUS 45 — that’s documented.


7 posted on 08/15/2021 12:45:33 AM PDT by Gene Eric (Don't be a statist!)
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To: blueplum

Biden Administration says do as you’re told. Anything they do is constitutional. There’s that talking Justice Department again.


8 posted on 08/15/2021 12:46:16 AM PDT by Luke21
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To: blueplum

And we’ve had the research for over a year.

The Science is Conclusive: Masks and Respirators do NOT Prevent Transmission of Viruses
https://freerepublic.com/focus/f-news/3865613/posts

https://www.sott.net/article/434796-The-Science-is-Conclusive-Masks-and-Respirators-do-NOT-Prevent-Transmission-of-Viruses


9 posted on 08/15/2021 12:46:38 AM PDT by EasySt (Say not this is the truth, but so it seems to me to be, as I see this thing I think I see #KAG.)
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To: MagnoliaB

These damn Dems stick together like super glue we couldn’t get the DOJ to investigate a DAMN THING the ENTIRE government needs to be split up by department and transferred across the country DIVIDE AND CONQUER if these SOB’s don’t want to transfer they can quit PERIOD!! Send these SOB’s to Idaho, Montana, Kansas, Wyoming they NEED to live lime a REAL American instead of some stinking elitist snob!!!


10 posted on 08/15/2021 12:51:08 AM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Trump Girl Kit Cat

Your post made me chuckle a bit because it looks like how I post most of the time nowadays with half being in ALL CAPS. :)

I agree with you by the way.


11 posted on 08/15/2021 1:00:46 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: blueplum

My tagline says everything you need to know on this subject..


12 posted on 08/15/2021 1:07:53 AM PDT by WinstonSmith1984 (The DOJ is a far left militia.)
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To: Pilgrim's Progress

According to Business Insider, he filed in Orlando District Court first so that is supposed to go to Clarence Thomas?
not sure if that’s right, but here’s the link for the claim:

https://www.businessinsider.com/frequent-flier-takes-anti-mask-case-to-supreme-court-2021-7


13 posted on 08/15/2021 1:13:04 AM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
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To: blueplum
The government on Monday argued that Wall was free to make his own medical decisions. But he and other travelers didn't have a right to place "others at risk of communicable diseases while traveling in interstate commerce."

Wuhan is not a disease. It is a virus.

If this philosophy stands, then restrictions can be made for anything that can transmit from one person to another.

14 posted on 08/15/2021 1:21:27 AM PDT by Erik Latranyi (We are being played by forces most do not understand)
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To: blueplum

with a government that is authorized to make policy choices

Really?


15 posted on 08/15/2021 1:51:07 AM PDT by Altura Ct.
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To: blueplum; Fred Nerks

It is unconstitutional simply because the policy is based on a myth, that n=masks work.

They do not.

The science is more than clear on this.

Just ask any OR surgeon.

Since the policy does not work, it is indeed unconstitutional and an abrogation of the right of privacy, freedom to assemble, and freedom of travel as well as freedom of speech.


16 posted on 08/15/2021 2:01:42 AM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Candor7

‘Since the policy does not work, it is indeed unconstitutional and an abrogation of the right of privacy, freedom to assemble, and freedom of travel as well as freedom of speech.’

and the government responds ‘oh, did you say something...?’


17 posted on 08/15/2021 3:09:17 AM PDT by IrishBrigade
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To: Erik Latranyi

So, I guess the same reasoning applies to HIV/AIDS.


18 posted on 08/15/2021 3:09:42 AM PDT by catman67 (14 gauge?)
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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.”

That’s the goal.

They’ve found their bludgeon to smash what is left of the Constitution and they’re going to use it forever.

L


19 posted on 08/15/2021 3:14:55 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: blueplum

not unconstitutional


Think about that for a moment


20 posted on 08/15/2021 3:16:13 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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