Are the governor's public health orders constitutional? A UNM law professor weighs in

KOB4 ^

[nickcarraway]

Brittany Costello Created: April 29, 2020 10:16 PM ALBUQUERQUE, N.M. — There are a lot of questions surrounding the governor's public health orders and whether they're constitutional.

A UNM law professor said issuing a public health order is constitutional and within the power of the governor. New Mexicans are required to abide by them. The orders are more than just recommendations, but law.

"It's very confusing to understand, 'Why would these orders have the force of law?' because the legislature didn't pass it, but the New Mexico Constitution does give temporary authority to a governor just like the California Constitution does or the Virginia Constitution does, either expressly or implied to declare a state of emergency, and a public health order typically falls under that state of emergency for a brief period of time it has the force of law," said Professor Joshua Kastenberg.

Professor Kastenberg said there is no required time frame, meaning the orders can last for however long they're considered necessary.

Are the governor's public health orders constitutional? A UNM law professor weighs in Some New Mexico mayors, like Grants Mayor Martin Hicks, can face consequences for not abiding by the governor's order, according to Kastenberg.

"When I was consulting in Virginia with a group, and they had the question of, 'What if we open, and the governor has not, you know, hasn't permitted the businesses to reopen?' Well, say we do that anyway— are we just facing lawsuits? The answer to that is no. You could be facing reckless endangerment of human life and you could be facing negligent homicide if somebody dies as a result of your re-opening and those are the questions that people need to consider before they say, 'Well I'm tired of this. I'm fatigued. I've got a business, I'm going out of business and I'm going to reopen anyway,'" Kastenberg said.

Ultimately, public health orders are constitutional, but Professor Kastenberg said parts of it could possibly be unconstitutional, but that is determined by the courts. Every New Mexican has the right to file a lawsuit.

"I caution anyone, even people who believe they're being treated unfairly or unconstitutionally, not to confront the government and open up anyway, but instead to go to the courthouse and fight it," Kastenberg said.

"I do I think that the courts are going to be flooded with a variety of different kinds of lawsuits at both the federal and the state courts in all 50 states and the territories in a way we haven't seen before," he added.

[JMS]

The question becomes does a state constitution supersede the Federal Constitution regarding a citizen’s individual rights. There’s probably a lot of wiggle room on businesses etc. but locking down freedom of movement would seem to violate at least the 13th Amendment. We are not slaves and the government’s power derives from the will of the people. An indefinite “state of emergency” without consulting the legislature is tyranny.

[Pontiac]

"I do I think that the courts are going to be flooded with a variety of different kinds of lawsuits at both the federal and the state courts in all 50 states and the territories in a way we haven't seen before," he added.

I agree. But I think that the horse is out of the barn.

The court challenges should have been filed the day that the governors ordered the closing of businesses.

The damage is done. The only thing that can be accomplished now is collection of damages. And the only thing that collecting monetary damages from state governments now is to compound the damage.

Where are state governments going to get the money to compensate broken businesses? By taxing the people of that state. People and businesses that have also been damaged by this idiotic response to a virus.

[P-Marlowe]

A lot of Fearpers s think so. Is anyone keeping a list of the Nazi sympathizers on this forum?

[American in Israel]

And so the same professors who espouse Socialism now espouse that being confined with no criminal charges is perfectly Constitutional because of a declared health emergency by a governor even though the Constitution does not say anything like that anywhere.

And the “health emergency” of overloaded hospitals does not exist, hospitals are empty of patients and medical staff are being laid off.

Horse Manure apparently is considered edible for peons.

When we run out of food, and have had all our houses repossessed by the banks, will these Progressives survive the backlash? Because a Civil War tends to be very Contagious and far more devastating than a Flu.

[elengr]

From the point of view of minimizing death, there is a fine line to walk between non-virus shutdown deaths and virus deaths as the shutdown itself causes extra suffering and death due to suicides, missed medical procedures, increased domestic violence and divorce, etc.

[elengr]

If you are sick with a dangerous, highly communicable disease then, yes, you may be legally quarantined, but the state has no right to restrict free assembly of presumably healthy citizens. However, all illegal alien invaders could (and should) be rounded up and deported.

[elengr]

US Constitution, Bill of Right, Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Without a presidential declaration of martial law temporarily suspending First Amendment rights the individual states have no legal right to do so.

[A strike]

“Is anyone keeping a list of Nazi sympathizers on this forum?”

WOW! just WOW !!

Spoken like a true extreme Left/ Marxist/ useful idiot/lickspittle apparatchiki/...
You are an infestation here.

[LegendHasIt]

So, the Lawyer / Law Perfesser essentially says hire a lawyer and take it to court.

Yeah, that’s a shocker.

[Revolutionary]

18 U.S. Code § 242.Deprivation of rights under color of law U.S. Code Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[PA Engineer]

Is anyone keeping a list of the Nazi sympathizers on this forum?

No. Some of us are keeping a list of Panda Bros.

We are at 22 9/11s with a weapon of mass destruction brought by the PLA on planes to the US. That number will keep increasing daily.

Yeah. Some of us are watching Panda Bros such as yourself protecting the Chicoms.

Why are you doing that? Domestic enemy? CCP sympathizer? Both?

You have never once blamed the CCP. Why is that?

[zeugma]

"I caution anyone, even people who believe they're being treated unfairly or unconstitutionally, not to confront the government and open up anyway, but instead to go to the courthouse and fight it," Kastenberg said.

Not mentioned by this bozo is that the courts aren't open either.

"It's very confusing to understand, 'Why would these orders have the force of law?' because the legislature didn't pass it, but the New Mexico Constitution does give temporary authority to a governor just like the California Constitution does or the Virginia Constitution does, either expressly or implied to declare a state of emergency, and a public health order typically falls under that state of emergency for a brief period of time it has the force of law," said Professor Joshua Kastenberg.

Professor Kastenberg said there is no required time frame, meaning the orders can last for however long they're considered necessary.

In other words, according to the 'professor', the entire constitution can be thrown out for an indefinite time just based on the whim of a governor. Sorry. Not buying that.

[zeugma]

A lot of Fearpers s think so. Is anyone keeping a list of the Nazi sympathizers on this forum?

It's something I've thought about doing. Would help greatly in any future discussions to know what kind of a quisling I might be chatting with.

[mewzilla]

For Easter, a federal judge wrote a luminous decision defending religious liberty

Folks should be sure to read the decision if they get a chance. Overbroad and underinclusive can apply to much more than the infringement of religious freedom.

[CedarDave]

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