Posted on 06/07/2021 12:49:05 PM PDT by Oldeconomybuyer
SANTA FE, N.M. (AP) — The state Supreme Court ruled Monday that there is no constitutional or statutory requirement to compensate businesses for financial losses due to emergency public health orders during the COVID-19 pandemic.
The ruling in favor of Gov. Michelle Lujan Grisham scuttles about 20 lawsuits against her administration.
The original plaintiffs argued that aggressive health restrictions from the administration constituted a regulatory taking much like the taking of land for public works projects. The governor urged the Supreme Court to block the lawsuits.
In a unanimous opinion from Justice Shannon Bacon, the court said that current public health orders “are a reasonable exercise of the police power to protect the public health.”
“Occupancy limits and closure of certain categories of businesses, while certainly harsh in their economic effects, are directly tied to the reasonable purpose of limiting the public’s exposure to the potentially life-threatening and communicable disease,” the decision said.
(Excerpt) Read more at apnews.com ...
I agree with ruling, after all everyone in NM that pays taxes would ultimately have to pay any settlement. True justice would hold every decision maker personally liable, including anyone voted for these leftist losers.
So the word to the honest business owners is if you nonviolently and lawfully comply and lose everything, you are a good little boy or girl. But forget about seeking justice in the legal system.
If they can close your business for a pandemic “emergency” by Whitmer, Cuomo or others’ definition, then what about
a battle to hold onto guns,
or a battle to oppose giving sex change hormone shots to children in elementary school against parents’ wishes,
or a battle to survive when inflation and taxes from the middle class sends money and benefits to the urban people and illegal aliens only?
Just give up more months of your business while the “emergency” lockdown goes on?
In other words, the government can do anything it wants to you and you have no recourse. Just ask Trump or the Jan 6th protesters. The US Constitution is dead, and it’s federal and state governments are corrupt.
“Government” has always been that way.
From the time of chieftains to today.
Of course not.
No reparations for the small business owners.
The beatings (on businesses) will continue until morale improves.
Got it?
How do we keep them from being careless? Sorry, elections and ballot issues are not enough. It has to be punitive so that they will be less likely to repeat “stupid” again. Of course, that requires a thorough and objective postmortem of all that happened. We know that that will never happen.
The state governments cut a lot of corners. Some argue illegally.
Maybe their punishment will be knowing that they cried wolf too many times and no one will believe them when it is necessary.
The only way they could possibly won was to prove that there was no “pandemic” (and there was not) and that the officials acted without justification.
The only way they could possibly won was to prove that there was no “pandemic” (and there was not) and that the officials acted without justification.
_________
Arbitrary and capricious. Takings clause. My 2 cents.
Bad reason to agree. Science doesn't support the shutdowns, therefore the ruling is wrong, and the people should pay for electing the wrong governor.
Sorry, I disagree.
If the taxpayers have to pay it, maybe they’ll think twice about electing somebody like that and just going along with her insanity.
NM does owe the business owners for this irrational shutdown, and I hope this goes on up the chain. Nobody thought they’d win in State court anyway.
I don’t necessarily disagree with the ruling, but next time businesses shouldn’t be obligated to close down at the government’s order. And there will be a next time.
Businesses should never have had to close or go through draconian measures to stay open. If people were that concerned about COVID19 they need to sealed themselves inside their houses and make other arrangements. You shouldn’t be able to ruin a person’s livelihood just to make people “feel” better.
The king’s first legal principle is “the king can do no wrong.”
Sometimes the king makes exceptions for small offenses - but never for big ones.
This is why small government is a good idea, and big government is a force for evil.
Yes, “It’s good to be the king”—Mel Brooks.
There are businesses owners in lock-down states who didn't shut their doors because they never got a direct order from a court or government agency telling them to. The corrupt and moronic governor on the television wasn't good enough notice to a shrewd business owner.
If you could keep the New York City subway, the largest super-spreader on the planet, in operation, you could keep ANYTHING open.
Take it by state: Nursing Home Killer (NHK) Cuomo marched with rioters in violation of his own diktats. Governor Heil Whitmer violated her own diktats as well as the law traveling to Florida with a bribe corporate jet flight, etc.
You either shut down your business and lose everything, or you stay open and risk fines/imprisonment, in which you lose everything.
Sounds legit in a free nation...…
What in the world has happened to our country?! Thanks for everything covid Nazis.
You are absolutely correct.
In a free nation, someone else’s health is not my responsibility.
Michelle Lujan Grisham is an absolute crook. The only reason she doesn’t have name recognition like Gretchen Whitmer or Gavin Newsom is because NM is such a blip on the radar, but she’s equally as nasty. A butch, bellicose, in-your-face c-word.
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