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Governors Can’t Use Coronavirus To Indefinitely Declare A State Of Emergency
The Federalist ^ | August 11, 2020 | Molly McCann

Posted on 08/11/2020 12:53:27 PM PDT by Kaslin

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1 posted on 08/11/2020 12:53:27 PM PDT by Kaslin
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To: Kaslin

Apparently they can.


2 posted on 08/11/2020 12:59:48 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: Kaslin

If no one stops them, they can...


3 posted on 08/11/2020 1:02:07 PM PDT by goodnesswins (The issue is never the issue. The issue is always the revolution." -- Saul Alinksy)
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To: Kaslin

No one can reasonably claim that, after 5 months, there is still an “emergency” requiring the executive to wield dictatorial powers. If there needs to be laws regarding masks or lockdowns, then there has been plenty of time for the state legislatures to convene and pass them.

Justice John Devine wrote a concurrence in the Texas Supreme Court’s recent denial of a challenge to the lockdown order. He agreed, correctly, that there was no jurisdiction for a direct mandamus petition to the Texas Supreme Court in that case. But he also suggested that Governor Abbot’s orders and the Disaster Act that purportedly delegates sweeping powers to him violate the Texas Constitution: specifically the nondelegation doctrine and the Texas Constitution’s provision that only the legislature may suspend laws.

Hopefully someone gets this issue properly before the Texas Supreme Court sooner rather than later.


4 posted on 08/11/2020 1:02:39 PM PDT by The Pack Knight
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To: Kaslin

NM governor extends her order every 2 weeks with amended orders and more restrictions.


5 posted on 08/11/2020 1:03:07 PM PDT by redcatcherb412
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To: Kaslin

Their clocks are all broken and they’re never correct, even twice a day, like most broken clocks are said to be.


6 posted on 08/11/2020 1:03:11 PM PDT by equaviator (If it seems like it's too bad to be true, then it probably isn't.)
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To: Buckeye McFrog

Yep and this is just the beginning.


7 posted on 08/11/2020 1:08:00 PM PDT by Zathras
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To: Kaslin

PA —joint resolution ending the SOE passed and the guys in black dresses said no


8 posted on 08/11/2020 1:11:29 PM PDT by kvanbrunt2 (spooks won on day 76)
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To: equaviator

A stopped broken clock is right twice a day. Now a broken clock that simply moves too slow, that might be wrong twice a day, if time catches up and passes it twice.


9 posted on 08/11/2020 1:13:12 PM PDT by Morpheus2009 (If you want me to be afraid, then be consistent in your logic, standards, and your lies!)
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To: kvanbrunt2

PA Legislature tried a novel move to end the emergency around a threatened veto and the courts said no. Even Doug Mastriano, one of the co-sponsors, said they got a bum steer from their lawyers.

They are going to try again. They need to flip a few Democrats to override a veto that is surely coming. Pressure is on them as even purple areas of the state are pretty fed-up now. Leadership says they can really use Trump’s help with this but thusfar it seems he’s been unresponsive.

Prospects also look good for an amendment to the State Constitution to prevent this from happening again in the future.


10 posted on 08/11/2020 1:15:55 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: Buckeye McFrog

The Democrat governors and mayors are not going to willingly give your freedoms back. If you want them, you are going to have to take them!


11 posted on 08/11/2020 1:18:39 PM PDT by systemjim (Lifetime Lover of Music)
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To: systemjim

In MA the RINO Gov. recently rolled back the “reopening” and put more restrictions in place. For example, a group of 9 friends outside doesn’t need to wear face diapers, but the smart virus realizes that once you reach 10 people it will pounce and infect everyone.


12 posted on 08/11/2020 1:22:53 PM PDT by matt04
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To: systemjim

Yes. And there is an effort being made here.

Problem is even though we have Republican majorities it’s not enough to override a veto.


13 posted on 08/11/2020 1:24:08 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: The Pack Knight

Exactly. These “emergency” orders should have ended withing 30 days and the various legislatures convinced handle it.


14 posted on 08/11/2020 1:24:34 PM PDT by matt04
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To: Kaslin

There are a lot of thing governors legally can’t do — yet they do — and they get away with it.


15 posted on 08/11/2020 1:30:49 PM PDT by MayflowerMadam (If 100% of us contracted this Covid Virus only 99.997% would be left to tell our story.)
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To: Kaslin
Governors Can’t Use Coronavirus To Indefinitely Declare A State Of Emergency

I would not bet large sums on that proposition.

16 posted on 08/11/2020 1:38:26 PM PDT by arthurus ( covfefe gdr)
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To: MayflowerMadam

The fact that John Roberts ducked out on the First Amendment is positively chilling.


17 posted on 08/11/2020 1:39:06 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: Kaslin

Where is the legal challenge to stop it?


18 posted on 08/11/2020 1:40:34 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Kaslin

So they will find something else. I hear racism is also a public health emergency.


19 posted on 08/11/2020 1:43:29 PM PDT by Salman (The Democrats are no longer preparing for the election. They are preparing for the revolution.)
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To: Magnum44
Where is the legal challenge to stop it?

This is a start.

https://www.timesunion.com/home/article/Will-judge-s-ruling-mean-big-New-York-weddings-15472875.php


20 posted on 08/11/2020 1:50:09 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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