I’m by no means an attorney, but the way i understand it is an executive order by the President or Governor carries the force of law. Therefore, the judge was acting within the scope of their duty to enforce. Do i agree, h$!! No... but this resulting action should land squarely on Abbott and the judge over reached in may opinion by asking the woman to apologize for a reduced sentence.
Can a law be passed that violates the Constitution? I believe freedom of assembly is in there somewhere...can executive orders limiting our right to assemble truly be enforced without violating a person’s constitutional rights? Serous question...
an executive order by the President or Governor carries the force of law...”
In the operation of the exeutive branch and only to those under him in the executive branch. Why bother to have a constitution then say that the guy at the top can just make up any shit he wants?
ONLY if it is legal and follows the Constitution.
Suppose the president signs an executive order that forces all Caucasians to turn in their firearms?
Or go to jail if they criticize him in public?
There are Constitutional limits to executive orders, whether by the federal president or a state governor.
My thinking is that we haven't seen the last of this case in regards to appeal and further legal review.
The EO that Abbott issued has yet to be vetted through the courts. He’s using emergency powers that may or may not fly in the face of the constitutional takings clause.
Lawyers will be making tons of money off litigation surrounding the virus situation. Against insurers over the business interruption issue and against political subdivisions from top to bottom. With the latter, of course, all paid by the taxpayers to defend.
There is such thing as an unjust law. Although to me, the expression “unjust law” is an oxymoron. Perhaps a better term is”arbitrary rule,” which demands civil disobedience.