Posted on 04/21/2020 10:10:47 PM PDT by Morgana
Edited on 04/21/2020 11:06:27 PM PDT by Jim Robinson. [history]
OKLAHOMA CITY -- Oklahoma Gov. Kevin Stitt's attempt to ban abortions during the coronavirus pandemic cannot be enforced, a federal judge has ruled.
U.S. District Judge Charles Goodwin issued a preliminary injunction late Monday after abortion providers sued Stitt over the ban. The injunction replaces a temporary restraining order that the same judge issued last week that allowed most abortions to continue.
(Excerpt) Read more at abcnews.go.com ...
Then all types of surgery should be cleared to continue.
IF knee surgery, heart valve surgery, reconstructive surgeries are banned, then abortion sure as heck ought to be banned!
If the abortion ban can’t be enforced because it’s a “right” than NO social distancing order or pandemic shut down order is constitutional.
during emergencies some rights may be restricted , but not all, depends on the type of emergency.
Yikes.
Where is that written in the Constitution?
l8r
the feds passed the emergency powers in 1974 and Trump used it to fund the wall after declaring an emergency.
Each state has emergency powers legislation;ation naming the governor’s expanded powers to manage the emergency.
That’s where it is. Try the tenth amendment if you need some back-up. Here’s a list of powers in the state of Washington, Each state has their own.
I am amazed at the number of people here who never heard of emergency powers given the wall funding last year.
most rights have some restrictions you may be familiar with the most common one, not yelling fire in a crowded building when there is no fire.
Really poor example, considering your post that I responded to.
Right - and the judge says THIS “emergency” all rights are still intact
I said that emergencies differ. So now we’re down to the quality of my examples. You have given some., I hope you will read the powers of the governors. Many examples in links below I hope you find them substantial and meet your high standards.
The EP Act was 76 not 74,.
https://www.law.cornell.edu/wex/emergency_powers
https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use
https://www.independent.org/publications/article.asp?id=48
In 1917, at the onset of America’s entry into World War I, President Woodrow Wilson declared an emergency related to shipping in an attempt to increase the country’s ability to transport food and raw materials by water.
In 1933, shortly after taking office during the Great Depression, President Franklin Roosevelt used an emergency declaration to close banks, in an attempt to halt bank runs. The move gave Congress time to pass the Emergency Banking Act, which allowed banks to reopen once federal examiners decided they had enough money to operate.
In 1970, President Richard Nixon declared a national emergency to break a postal strike, using the National Guard to deliver the mail. The strike ended a week later, when the federal government agreed to a retroactive pay raise. Still, Nixon’s invocation of emergency powers in this case drew the scrutiny of Congress, not unlike Democrats have promised today.
In 1971, Nixon invoked his emergency powers again, this time to impose a 10 percent duty on imports, as part of his administration’s push to take the country off the gold standard. The surcharge on existing tariffs was in effect for four months, and applied to consumer and manufactured goods such as appliances, home furnishings, liquors, automobiles, machinery, and other items, according to a 1974 article in the New York Times, which said importers were allowed to pass on the cost of the extra duty to consumers. The Supreme Court later ruled that Nixon had exceeded his powers.
the judge is obviously wrong. I never said he wasn’t I only say that governors have emrgency powers and sometimes rights are restricted. Curfew is a common easy example. In my post above i list links for the uninformed.,
States of Emergency
During states of emergency, such as natural disasters or periods of civil unrest, the government can use implied powers to formally declare a State of Emergency. Such a declaration allows suspension or change in functions of any branch of government, and gives the government the power to suspend certain rights or freedoms normally guaranteed by the Constitution.
In the United States, a local leader, such as a city mayor or state governor, has the power to declare a State of Emergency within their own jurisdiction. The U.S. President has the authority to declare a national State of Emergency in circumstances in which the country is faced with large-scale disaster or danger.
Powers under states of emergency are implied and largely discretionary, however the Constitution specifically states that the privilege of the Writ of Habeas Corpus cannot be suspended unless the safety of the public is compromised during times of rebellion. Only Congress has the authority to suspend the Writ.
https://legaldictionary.net/emergency-power/
I have read the law for my State. It includes the following:
‘And in connection therewith to take such action, not inconsistent with the Constitution and laws of the State...’
My State officials can’t legally dispense with any Constitutional right - even during ‘emergencies’. Period.
well that should be fun I guess they don’t ever need curfews My posts list examples of rights other governors can restrict. . Your state is weak on the governor’s power and they invite federal takeover if they don’t empower the governor. I favor local and state management of emergencies to the extent possible.
I want to acknowledge that your argument is now down to your state.
Good night.
Federal takeover would only result in the need for more federal mortuary affairs personnel. Curfews and martial law are unconstitutional - my forefathers knew what they fought for and preserved our rights. Good luck taking control of this State - it would get really messy.
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