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Federal judge rules Pennsylvania's coronavirus orders are unconstitutional
The Hill ^ | 09 14 2020 | Justine Coleman

Posted on 09/14/2020 11:55:02 AM PDT by yesthatjallen

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To: yesthatjallen

I think the issue before this court will be poorly understood by the Socialist Democrats. They don’t understand the words “Unfettered” in this context. Let me be succinct in summary of the socialist democrats texts at the hill.

Socialist Democrats: Believe that the State should be able to completely control all aspects of public health. Therefore, when a pandemic strikes, the state can take control to ‘protect the public’. They quote the Supreme Court rulings that empowered states to protect in public health crisis including restricting businesses, quarantine of the sick. Therefore, they agree with the Democratic governors whom shut down states.

Republic/Patriots: Believe the states have the right to quarantine the sick, and to react to a public health crisis. However, their powers are restricted wherein there are differential treatment of groups. IE arresting Christians at small church services but allow huge Democratic sponsored public protests. Further, there is legal precedence for quarantine of the sick, THERE IS NO PRECEDENCE for QUARANTINE of the healthy.

I don’t think the Democratic Socialists considered the potential ABUSE of the Constitution wherein a single elected official, such as a Governor of a state, could restrict movement, commerce, and Constitutional freedoms of Americans when they are HEALTHY. That is NOT an unfettered right of Government. I believe that it self evident that this is Unconstitutional. However, excepting this would mean that the Socialist Democrats would be responsible for those Healthy Americans whose rights have been trampled.

I see this as akin to what happened to the Japanese Americans in WWII who were sent to internment camps. They were sent to prevent ‘espionage’ activities, but most were loyal Americans singled out due to race. Healthy Americans and Loyal Americans can not have their rights trampled in the name of ‘Safety’.


21 posted on 09/14/2020 12:33:44 PM PDT by Pete Dovgan
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To: Ciexyz

I’d prefer saying that there’s many others that will be saved for this! Our guys put up a heck of a fight and deserve credit for doing so. The damage wasn’t done by those opposing Wolf.....it ALL lays at Wolf’s feet alone!


22 posted on 09/14/2020 12:33:58 PM PDT by caww (The Left are in war mode to regain power...NOT have an election.)
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To: Buckeye McFrog
I don't think that this touches the purview of the SC.

At least it shouldn't.

Although, the way this circus is being run now, anything is possible.

23 posted on 09/14/2020 12:42:00 PM PDT by skimbell
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To: Pete Dovgan

Trans Levine just said the state’s attorneys are taking a look at the ruling from the federal judge...so we’ll see.


24 posted on 09/14/2020 12:43:02 PM PDT by caww (The Left are in war mode to regain power...NOT have an election.)
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To: yesthatjallen

“There is no question that this Country has faced, and will face, emergencies of every sort,” he wrote. “But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.”


That is the truth.

The real tragedy here is that it has taken so long for this case to reach this point - irreparable harm has been done to the liberties of all Pennsylvanians - and in many cases irreparable harm has been done to them economically, as well - harm that could have been avoided if this matter had been taken up as an emergent matter.

I would say that we need federal legislation which commands the federal courts to take cases of this kind - involving emergency orders by not just federal officials, but specifically state and local ones, which have as one of there principal issues the liberties of American citizens - on an emergent basis, and to provide for temporary and permanent restraining orders where necessary. The job of government is, first and foremost, to protect the liberties of the people of this country - that’s in the Preamble to the Constitution, that’s the VERY REASON for our government having been established in the first place!


25 posted on 09/14/2020 12:48:33 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: Buckeye McFrog
"Wolf won’t do a Dwyer. At least not unless he’s lost this at SCOTUS."

There are split decisions in federal courts over governor's edicts. Unfortunately when the questions get to the USSC, freedom might rest with the vote of one man, John Roberts.

26 posted on 09/14/2020 12:49:41 PM PDT by buckalfa (Feed Your Head ! Feed Your Head !)
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To: yesthatjallen

Ok...so now we can stop wearing these stupid masks?


27 posted on 09/14/2020 12:52:35 PM PDT by servantboy777
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

28 posted on 09/14/2020 1:00:42 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: caww
Trans Levine just said the state’s attorneys are taking a look at the ruling from the federal judge.

Really? I'm stunned. I was expecting it to rant and rail and accuse the judge of trying to kill us.


29 posted on 09/14/2020 1:10:51 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: All
Legal opinion please:

Can business who have been fined (in this case $10K) seek damages?

Asking for a friend.

30 posted on 09/14/2020 1:11:17 PM PDT by JonPreston
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To: Ancesthntr

I would also add that no matter what the emergency is and no matter how dangerous that emergency seems, it omits still going to be less dangerous than unfettered government power. There is no entity on earth responsible for more human deaths and human suffering than governments with unlimited power. There were millions killed in Hitler’s concentration camps, the tens of millions starved by Stalin’s collectivist agricultural policies, and who knows how many millions by Mao’s Cultural Revolution. Unchecked government is always more dangerous than whatever crisis allowed that unchecked government to assume power.


31 posted on 09/14/2020 1:11:41 PM PDT by stremba
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To: yesthatjallen

If the POS Governor’s edicts are unconstitutional, then is all this shutdown crap over? Where does this go from here?


32 posted on 09/14/2020 1:13:32 PM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: servantboy777; All
I have never worn a mask during this pandemic except for my annual checkup at the VA when I couldn't avoid it.

The local grocery store, drugstore, hardware store and restaurant all require masks be worn to enter because the county commissioners decided to mandate them for everyone.

But I never wear a mask into any of these places because they don't enforce the mandate. No one has ever said a word to me. Many others besides myself have chosen to decide for themselves whether to wear a mask or not. I don't need some elected lay county commissioners to tell me whether to wear a mask or not when they don't know a mask from a hole in the ground.

Beside I have worked in the medical health industry during my career and so has my wife. Medical professionals wear masks to prevent the spread of much larger germs and bacteria. Masks do absolutely no good in preventing the passage of this inert sub-microscopic virus. It's all for show.

And that is why these masks have become more of a fashion accessory now and not a disease preventative measure.

Liberate yourself and stop wearing the damn mask.

33 posted on 09/14/2020 1:19:41 PM PDT by HotHunt
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To: ConservativeInPA

Quote from the ruling:

“The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”


34 posted on 09/14/2020 1:35:52 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: Buckeye McFrog
Quote from the ruling: “The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”

Amazing how we are so elated when judges do the right thing and defend the constitution....probably because it doesn't happen as often as it should, 100% of the time.

35 posted on 09/14/2020 1:36:59 PM PDT by 1Old Pro (#openupstateny)
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To: Buckeye McFrog
“The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”

Sounds nice a broad. Now to convince all the leftist businesses that will still want to social distance and require masks - Or maybe not. How they react will certainly determine whether I do business with them. As is now, I don't wear a mask and I don't social distance.

36 posted on 09/14/2020 1:41:51 PM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: yesthatjallen

COMING SOON TO OHIO...FINALLY!!
OHIO SUIT DETAILS BLOW THE SCAM SKY HIGH
COVID: Major case filed against Ohio governor and the state of Ohio for restricting freedom without legitimate justification.
https://blog.nomorefakenews.com/2020/09/14/covid-major-case-filed-against-ohio-for-restricting-freedom/
A DeWine RECALL PETITION also filed.


37 posted on 09/14/2020 1:59:34 PM PDT by Dick Bachert (THE DEEP STATE HATES YOU!)
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To: yesthatjallen

Great news, now do the same to Murphy in NJ.


38 posted on 09/14/2020 2:06:41 PM PDT by Rumplemeyer (The GOP should stand its ground - and fix Bayonets)
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To: caww

Agreed!


39 posted on 09/14/2020 2:22:59 PM PDT by walkingdead (We are sacrificing America's youth on the altar of our own fear. And it is a travesty.)
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To: yesthatjallen

Roberts will undoubtedly overrule him.


40 posted on 09/14/2020 2:46:07 PM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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