Posted on 08/11/2020 12:53:27 PM PDT by Kaslin
Apparently they can.
If no one stops them, they can...
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.
NM governor extends her order every 2 weeks with amended orders and more restrictions.
Their clocks are all broken and they’re never correct, even twice a day, like most broken clocks are said to be.
Yep and this is just the beginning.
PA —joint resolution ending the SOE passed and the guys in black dresses said no
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.
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.
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!
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.
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.
Exactly. These “emergency” orders should have ended withing 30 days and the various legislatures convinced handle it.
There are a lot of thing governors legally can’t do — yet they do — and they get away with it.
I would not bet large sums on that proposition.
The fact that John Roberts ducked out on the First Amendment is positively chilling.
Where is the legal challenge to stop it?
So they will find something else. I hear racism is also a public health emergency.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.