Skip to comments.BREAKING: Oregon Supreme Court blocks Baker County judge's ruling today on Governor Brown's Executive Order
Posted on 05/18/2020 9:05:33 PM PDT by An Appeal to Heaven
The Oregon Supreme Court Monday evening issued a stay blocking a decision earlier in the day by Baker County Circuit Court Judge Matt Shirtcliff that temporarily stopped the state from enforcing Gov. Kate Brown's executive orders restricting certain activities due to the coronavirus pandemic.
That means the executive orders will remain in effect statewide.
After a 20-minute hearing Monday morning at the Baker County Courthouse, Shirtcliff granted a preliminary injunction to the plaintiffs in a lawsuit filed against the governor May 6.
The next step is for attorneys from both sides to submit responses to the Supreme Court related to the governor's request to vacate the preliminary injunction Shirtcliff issued. Those responses are due by May 22, according to the decision by Thomas A. Balmer, presiding justice for the Oregon Supreme Court.
Brown issued a statement this evening on the Supreme Court's ruling:
Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit.
From the beginning of this crisis, I have worked within my authority, using science and data as my guide, heeding the advice of medical experts. This strategy has saved lives and protected Oregonians from the worst of the COVID-19 pandemic.
There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled and ventilators in short supply.
The science remains clear: by physically distancing, wearing face coverings, staying home as much as possible and only gradually reopening our communities we can save lives and keep Oregonians safe.
We all look forward to visiting our loved ones in nursing homes, sending our children to school, and going to the grocery store without fear of spreading this disease. But the simple fact remains, COVID-19 is here in Oregon, and lives are at stake.
Supreme Court bought and paid for.
Under what grounds did they restore the injunction? Oh I know they have the power, but what made them so quickly assured that the ruling was incorrect - aside from them being paid antifa flunkies?
And dont even get me started on the governors phony tears - Im doing this for YOU!
And it couldnt happen to better people. Enjoy.
Ok, let’s see if there is any life left in the Oregonians.
“And it couldnt happen to better people. Enjoy.”
While disappointed in the decision, I agree with your sentiment. You get the government you deserve.
Though I would say, I would hate to see any FReeper stuck in their midst.
This will only help come election time.
Hey - there are plenty of conservatives in Oregon, especially in the Southern and Eastern parts of the state. You might want to check yourself, or at least do some research. A lot of us hate our sorry excuse for a governor and our doing our best to make her disappear.
Oregonians owned by their betters
Our doing = are doing
I am sure that there are good people in Oregon and all that I can tell you is that you need to both organize better and fight harder. Go after the local political offices like mad dog mongrels.
but they don't...they sit home and complain that each party is the same, and what does it matter, and it doesn't affect me....
smarten up Oregone....
Were you at Shaw? My nephew was there, then Beale, then Hickam. I retired at Travis.
PDF of the OR Supreme Court stay.
It is all phony feel good tears, why if we open up too soon we will run out of vents, despite having so many we are shipping them overseas. Oh, a wear your face covering that suddenly became important 2 months later so you can some day see your family again, but only when I say so.
OR has only had 3.6k cases and 138 dearths and she is still acting like half the state is demand and the other half is dying because every hospital is full. It ceased to be about health by mid-late April in most cases and is not totally about control and destruction.
They didn’t restore the injunction, they blocked it, which restores the lockdown pending the hearing on the arguments.
Then they twist the law into a pretzel and decide for Kate.
Oregonians owned by their betters
oh well. If you’re a conservative you need to get the hell out of places like OREGON and WASHINGTON STATE and CALI.
Here’s why masks went from a bad idea to a requirement in about 4 weeks. They scare people psychologically. A new wave of fear has been achieved just by getting people in masks.
The typical standard for injunctive relief requires the moving party to show the presence of four factors:
1. Likelihood of success on the merits.
2. Irreparable harm would occur if the injunction is not granted.
3. Would any other existing or potential litigants be harmed if the stay is granted.
4. The public interest favors grant of a stay.
I suppose you could argue both ways on factors 2 and 4. Irreparable harm is currently being done to business owners and others who are adversely affected by the governor’s office. The state can argue that the elimination of the governor’s orders would cause irreparable harm to those who will possibly contract the COVID-1984 virus.
If the Oregon law is as clear as the circuit judge’s decision indicated it was, it is hard to see how the Oregon Supreme Court could conclude with a straight face that the state has a likelihood of winning on the merits.
The governor ought to do the right thing and convene the legislature to vote whether or not to impose her order on the people of Oregon.
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