Posted on 09/15/2020 5:03:58 AM PDT by cotton1706
Pennsylvania was like most states at the start of the COVID-19 pandemic, soon enough implementing a series of coronavirus lockdowns and related mandates that included shuttering “non-life-sustaining” businesses to curb the spread of the virus. The measures also included clamping down on gatherings of 25 people indoors and 250 people outdoors.
Unfortunately, the restrictions led a group of plaintiffs including hair salons, drive-in movie theaters, as well as some Republican officeholders to file a lawsuit against Pennsylvania Gov. Tom Wolf and his health secretary against measures they claimed were over-broad and infringed on their rights. And, in a bit of a surprise, a federal judge on Monday ended up siding with the plaintiffs. That means, US District Judge William Stickman IV ruled, the state’s actions were unconstitutional.
While the ruling, according to local news accounts, acknowledged that the measures were an understandable response to COVID-19 and “were undertaken with the good intention of addressing a public health emergency,” Stickman goes on to declare that “even in an emergency, the authority of government is not unfettered. 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.”
Elsewhere in Stickman’s ruling, he opined that “Good intentions toward a laudable end are not enough to uphold governmental action against a constitutional challenge.” Among the consequences of this ruling, plaintiffs attorney Thomas W. King III told reporters after it was issued, is that the current pandemic-related restrictions in place in the state such as limitations on the size of gatherings cannot be enforced.
(Excerpt) Read more at bgr.com ...
Nail Salons.
The problem here is SCOTUS and Roberts (and Trumps unfortunately wholly unreliable ‘constitutionalist’ pmappointments.) This should be crushed with civil disobedience but neither the populace nor our sacred R federal and state lawmakers have the will.
They’ll just find another judge who disagrees and then up it goes
I'm waiting to see the stats on those that did NOT shutdown.
You do NOT quarantine well people.
Fauci has recently changed his tune....get out in the sun, fresh air, open your windows...and masks are ONLY when you can't keep 6 feet between you.
CDC put out another guide line...it takes 15 minutes face to face with NO MASKS to POSSIBLY catch the virus.
Pot shops and abortion clinics
No matter how you slice it, this is big.
Glad I got in before all the “But,but, but the MEDIA! / the Dems! / the Left! / Soros!” negativity crap.
This guy is Federal so he probably trumps State.
Does that matter?
Pro football has become antiAmerican. The Africanizaton of football is a travesty. Worshipping foot ball and the jocks is harmful to America
Who has supremacy?
The U.S. Constitution trumps any state constitution. This ruling was by a federal judge based on the U.S. Constitution.
The word "Unfortunately" removes this from the news category and moves it into the advocacy category.
The writer is a pronounced leftist.
The most important excerpt: “The judge, an appointee of President Trump”
It took me a little digging but this should b ea PDF of it.
https://drive.google.com/file/d/1FL3Y1kDPricSINHlym0lVIw9hdsvmZmx/view
If not, this article on Newsmax shoud get ya there...
https://www.newsmax.com/t/newsmax/article/986879/16
It’s not a “State of Emergency” is it is continuous.
All of our stores have remained OPEN during the entire year of 2020. Schools closed, forced to, but reopened Aug 1, no problem. Our gym shut down SADLY! We were continuing to pay the monthly fee, but the gym being run by honest ppl, closed anyway.
Most businesses are life sustaining - to the people that work there and/or own it, and/or invest in it.
I know businesses that have closed down that were not weak. they were strong, thriving businesses. They are gone forever and families are destroyed.
Our culture is committing suicide.
For the record, this is a financial and time boom for me. I avoid a 3 hour daily commute and its cost, which, including parking, as cosing me after tax dollars of $800 a month.
To some that may not seem like much, but I live in the land of $1000 mortgage payments and $250 a year property taxes. It’s huge. If I still lived in Seattle it would be the equivalent of about $3,000 a month.
This is why I try to spread that wealth in my small community.
I’m in Colorado. The homosexual governor has been a tyrant dictator. He’s closed everything.
State Sen. Doug Mastriano went through the 66 page ruling in detail last night on his nightly video chat. It is devastating. It appears that Wolf delegated the whole operation to his staff, who were either too lazy, incompetent or arrogant to even lay down the necessary fig leaves to defend it in court.
Of course I won’t be the least bit surprised if the appeals court tosses all of the immutable logic in this decision and circles the wagons around the Swamp.
When it comes to the US Constitution, the premise of the argument, the federal courts have supremacy. Our state constitution is virtually identical to the US Constitution, but that matters not to the Democrat-controlled state supreme court. Wolf has said that he will appeal to the 3rd Circuit Court and will probably request an “emergency” stay - for reasons of public health, of course.
Rule of Law survives the imbeciles.
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