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Federal judge’s ruling utterly rips apart indefinite coronavirus lockdowns
Bgr.com ^ | 9/15/20 | Andy Meek

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 ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; Politics/Elections; US: Colorado; US: Pennsylvania
KEYWORDS: elections; federaljudge; lockdown; paping; tomwolf; unconstitutional; unenforceable
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Pennsylvanians! Rip off those infernal masks and breathe free! Open your businesses! And tell the busybodies to go screw!
1 posted on 09/15/2020 5:03:58 AM PDT by cotton1706
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To: cotton1706

“...shuttering “non-life-sustaining” businesses...


Out of curiosity, what business is NOT life sustaining?


2 posted on 09/15/2020 5:07:55 AM PDT by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: cotton1706

“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.”

Ooooh. This could be used to get rid of the PC police, overly zealous TSA searches, and lots of other post-9/11 acts of tyranny in the color of public good.


3 posted on 09/15/2020 5:08:56 AM PDT by BuffaloJack (Neither safety nor security exists in nature. Everything is dangerous and has risk.)
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To: cotton1706
even in an emergency, the authority of government is not unfettered

Certain Democratic dictators, like Michigan's Whitmer, really need to understand this basic concept

There's also a lot of stupid judges that need to re-learn this principle too!!


4 posted on 09/15/2020 5:09:22 AM PDT by canuck_conservative
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To: cotton1706

“Good intentions toward a laudable end are not enough to uphold governmental action against a constitutional challenge.”

“good policy can be unconstitutional. Bad policy can be unconstitutional. That’s why you have to go to the text.” Clarence Thomas.

This judge followed the text. Maryland has a similar case. A friend of mine is one of the main plaintiffs. The district judge shot it down and we’re waiting on the Court of Appeals to rule.


5 posted on 09/15/2020 5:11:01 AM PDT by cyclotic (The most dangerous people are the ones that feel the most helpless)
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To: cotton1706

Time to take our country back!


6 posted on 09/15/2020 5:11:02 AM PDT by silent majority rising
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To: cuban leaf
Out of curiosity, what business is NOT life sustaining?

NFL

7 posted on 09/15/2020 5:11:31 AM PDT by Sirius Lee (They are openly stating that they intend to murder us. Prep if you want to live.)
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To: cuban leaf
- Out of curiosity, what business is NOT life sustaining? -

Planned Parenthood. Or, as I like to call it, Prevent Parenthood.

8 posted on 09/15/2020 5:12:10 AM PDT by ken in texas
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To: cotton1706

FREEDOM!


9 posted on 09/15/2020 5:12:12 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: canuck_conservative

compares police response to BLM protest to police response to anti-lockdown protesters:

VIDEO: 7m: 11 Sept: Sky News Australia: Andrew Bolt: Victoria is a ‘basket case’
Sky News host Andrew Bolt says Victoria has demonstrated there is increasingly one law for the peaceful and another for the dangerous.
It comes after a large Black Lives Matter protest recently went ahead in Melbourne despite being banned by the state’s virus laws; no attendees were arrested or charged by Victoria Police.

Victorian Police Chief Commissioner Shane Patton defended the decisions saying “the most significant thing to remember back then … we had around the world cities that were burning, we had protests that were violent.
“We made a decision here that our priority was public order … we had significant concerns that we would have that type of mayhem in Melbourne,” Mr Patton said.

“There seems to be one law for the peaceful and another for the dangerous,” Mr Bolt said. “The easier you are to bully around because you are a law-abiding, nice person … the more your freedoms are actually in danger.
“The state where this is most obvious … is Victoria.
“It really is a basket case … it’s madness there.”
https://www.skynews.com.au/details/_6189809128001


10 posted on 09/15/2020 5:12:51 AM PDT by MAGAthon
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To: cotton1706

Bump


11 posted on 09/15/2020 5:13:04 AM PDT by Guenevere (**See you at the Franklin Graham Prayer March in DC on September 26!**)
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To: cotton1706

Emperor Wolf and his he-bitch will be fighting this...


12 posted on 09/15/2020 5:13:46 AM PDT by EEGator
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To: cotton1706
Meanwhile, get a load of this...

BREAKING: San Diego County supervisors will vote TOMORROW on resolution to stop enforcing state's COVID mandates, open ALL businesses. Let's root for our friends down south! Last sane city in CA?

FWIW, the guy in the video seems a bit linguine-spined, but what the heck. Better kate than never.

13 posted on 09/15/2020 5:14:05 AM PDT by mewzilla (Break out the mustard seeds.)
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To: mewzilla

Tomorrow in the above is today, BTW.


14 posted on 09/15/2020 5:14:46 AM PDT by mewzilla (Break out the mustard seeds.)
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To: cotton1706

Forty-one years old.

Trump’s next USSC nominee!!!


15 posted on 09/15/2020 5:15:02 AM PDT by 9YearLurker
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To: cotton1706

But the hack democrat judges on the PA Supreme Court have already ruled that Wolf can rule like a dictator and shut down business, churches, youth camps, gyms, etc.

Who has supremacy?


16 posted on 09/15/2020 5:15:31 AM PDT by Flavious_Maximus
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To: ken in texas

“Planned Barrenhood”.


17 posted on 09/15/2020 5:16:44 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Sirius Lee

And one Pittsburgh Steelers team beat the Giants of New York last night.


18 posted on 09/15/2020 5:16:55 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: cuban leaf

abortion


19 posted on 09/15/2020 5:20:47 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
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To: cotton1706

Does anyone have a link to the text of the judge’s ruling?

I will be at a large outdoor gathering in a few days, and I want to have something to hand out to calm the panicky sheep and mute the roving mask Karens.


20 posted on 09/15/2020 5:23:56 AM PDT by Fresh Wind (When seconds count, social workers are days away.)
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