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Courts say extreme, arbitrary lockdowns don’t pass Constitution’s sniff test
New York Post ^ | October 6, 2020 | Jacob Sullum

Posted on 10/06/2020 6:49:41 PM PDT by karpov

As recently as early March, I thought it was ­unlikely that the United States would respond to the COVID-19 pandemic with lockdowns similar to Italy’s. While we all know what has happened since then, two ­recent court decisions underline the unprecedented and legally untested nature of the sweeping social and economic restrictions that all but a few states imposed this year.

Last Friday, the Michigan ­Supreme Court ruled that a law Gov. Gretchen Whitmer used to shutter businesses and confine people to their homes except for Whitmer-approved purposes ­improperly delegated legislative functions to the executive branch. And last month, a federal judge in Pennsylvania said that state’s lockdown violated the right of assembly guaranteed by the First Amendment, along with the 14th Amendment’s guarantees of due process and equal protection.

Both decisions uphold a principle that politicians across the country seemed to forget while they rushed to curtail the epidemic last spring. As US District Judge William Stickman put it in the Pennsylvania case, “the Constitution sets certain lines that may not be crossed, even in an emergency.”

In the Michigan case, the relevant line was the distinction ­between writing the law and ­enforcing it. During a “public emergency,” a state law enacted in 1945 says, “the governor may promulgate reasonable orders, rules and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the ­affected area under control.”

As illustrated by Whitmer’s orders, which dictated when 10 million people could leave their homes, where they could go, what they could do and whether they could earn a living, the power purportedly granted by that law is vast. It lasts indefinitely, and it is constrained only by the requirement that the governor’s edicts be “reasonable” and seem “necessary” to her.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; US: Michigan; US: Pennsylvania
KEYWORDS: 2020election; covid; election2020; landslide; lockdown; shutdown; trumplandslide; whitmer

1 posted on 10/06/2020 6:49:41 PM PDT by karpov
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To: karpov

As someone said, we will allow you to govern us in our states but we will not allow you to rule us.


2 posted on 10/06/2020 6:52:18 PM PDT by richardtavor
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To: karpov
I thought it was ­unlikely that the United States would respond to the COVID-19 pandemic with lockdowns similar to Italy’s.

You forgot American liberals think Europeans are right about everything.

3 posted on 10/06/2020 6:52:31 PM PDT by JennysCool
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To: karpov

I have said this since the beginning. In our republic emergency declarations by the governor should only be legal when the legislature has not had time to act. And the legislature should be required to act ASAP.

Anything else and we no longer live in a representative Republic. Anything else is unconstitutional at the federal level. Because our constitution does not give states the authority to form dictatorships. All states are required to have a representative state government.

Whats more these power grabs by governors are intentionally subverting that representative government. And those governors need to be struck down at the federal level if the states will not do it.


4 posted on 10/06/2020 6:56:56 PM PDT by Revel
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To: karpov

And Americans sheepishly followed the tyrants orders.


5 posted on 10/06/2020 6:59:30 PM PDT by Professional
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To: karpov

6 posted on 10/06/2020 6:59:30 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: karpov

I’ve been saying this for many months.


7 posted on 10/06/2020 7:03:52 PM PDT by Bloody Sam Roberts (If liberals had a conscience, they wouldn't be liberals.)
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8 posted on 10/06/2020 7:06:48 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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9 posted on 10/06/2020 7:13:25 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: Revel

Since the Governor of Michigan is ruling as a dictator, the state of Michigan no longer has a republican form of government. This is in violation of Article IV, Section 4 of the United States Constitution. Therefore the Governor must be removed.


10 posted on 10/06/2020 7:16:07 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: karpov
"As illustrated by Whitmer’s orders, which dictated when 10 million people could leave their homes, where they could go, what they could do and whether they could earn a living, the power purportedly granted by that law is vast. It lasts indefinitely, and it is constrained only by the requirement that the governor’s edicts be “reasonable” and seem “necessary” to her."


11 posted on 10/06/2020 7:24:49 PM PDT by clearcarbon
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To: reg45

And its not just Michigan by a long shot.


12 posted on 10/06/2020 7:29:21 PM PDT by Revel
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13 posted on 10/06/2020 7:31:23 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: richardtavor

This crap has been going on for nearly 8 months.

Whatever the virus situation was in March, it’s hardly an “emergency” at this point.

These governors are traitorous scum.


14 posted on 10/06/2020 8:59:29 PM PDT by Vitesse
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To: BenLurkin

Bkmk


15 posted on 10/06/2020 9:00:01 PM PDT by kelly4c
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To: karpov

PROOF OF THE PLANDEMIC
Longer ago than I care to recall, actor John Houseman appeared in a TV spot for a brokerage house and uttered a line I frequently paraphrase in these situations.
“Smith-Barney...they make money the old-fashioned way: They EARNED IT!”
My version: “The American people...they’ve acquired their chains the old-fashioned way: They’ve EARNED THEM!”
Want out of YOUR chains?  Read, digest AND SHARE the information you’ll find at the link below.
https://www.stopworldcontrol.com/planned/


16 posted on 10/06/2020 9:13:18 PM PDT by Dick Bachert (THE DEEP STATE HATES YOU!)
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To: karpov

The Great Barrington Declaration

As infectious disease epidemiologists and public health scientists we have grave concerns about the damaging physical and mental health impacts of the prevailing COVID-19 policies, and recommend an approach we call Focused Protection.

Coming from both the left and right, and around the world, we have devoted our careers to protecting people. Current lockdown policies are producing devastating effects on short and long-term public health. The results (to name a few) include lower childhood vaccination rates, worsening cardiovascular disease outcomes, fewer cancer screenings and deteriorating mental health – leading to greater excess mortality in years to come, with the working class and younger members of society carrying the heaviest burden. Keeping students out of school is a grave injustice.

Keeping these measures in place until a vaccine is available will cause irreparable damage, with the underprivileged disproportionately harmed.

Fortunately, our understanding of the virus is growing. We know that vulnerability to death from COVID-19 is more than a thousand-fold higher in the old and infirm than the young. Indeed, for children, COVID-19 is less dangerous than many other harms, including influenza.

As immunity builds in the population, the risk of infection to all – including the vulnerable – falls. We know that all populations will eventually reach herd immunity – i.e. the point at which the rate of new infections is stable – and that this can be assisted by (but is not dependent upon) a vaccine. Our goal should therefore be to minimize mortality and social harm until we reach herd immunity.

The most compassionate approach that balances the risks and benefits of reaching herd immunity, is to allow those who are at minimal risk of death to live their lives normally to build up immunity to the virus through natural infection, while better protecting those who are at highest risk. We call this Focused Protection.

Adopting measures to protect the vulnerable should be the central aim of public health responses to COVID-19. By way of example, nursing homes should use staff with acquired immunity and perform frequent PCR testing of other staff and all visitors. Staff rotation should be minimized. Retired people living at home should have groceries and other essentials delivered to their home. When possible, they should meet family members outside rather than inside. A comprehensive and detailed list of measures, including approaches to multi-generational households, can be implemented, and is well within the scope and capability of public health professionals.

Those who are not vulnerable should immediately be allowed to resume life as normal. Simple hygiene measures, such as hand washing and staying home when sick should be practiced by everyone to reduce the herd immunity threshold. Schools and universities should be open for in-person teaching. Extracurricular activities, such as sports, should be resumed. Young low-risk adults should work normally, rather than from home. Restaurants and other businesses should open. Arts, music, sport and other cultural activities should resume. People who are more at risk may participate if they wish, while society as a whole enjoys the protection conferred upon the vulnerable by those who have built up herd immunity.

On October 4, 2020, this declaration was authored and signed in Great Barrington, United States, by:

Dr. Martin Kulldorff, professor of medicine at Harvard University, a biostatistician, and epidemiologist with expertise in detecting and monitoring of infectious disease outbreaks and vaccine safety evaluations.

Dr. Sunetra Gupta, professor at Oxford University, an epidemiologist with expertise in immunology, vaccine development, and mathematical modeling of infectious diseases.

Dr. Jay Bhattacharya, professor at Stanford University Medical School, a physician, epidemiologist, health economist, and public health policy expert focusing on infectious diseases and vulnerable populations.

https://gbdeclaration.org/?fbclid=IwAR2X83OMUmWQIGEnyILFKaIwHNpimxBisIIRJp2OdYlllq2zfDTwihYjwc0


17 posted on 10/06/2020 10:00:41 PM PDT by jonrick46 (Cultural Marxism is the cult of the Left waiting for the Mothership.)
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To: Professional

Americans are incredible brainwashed.


18 posted on 10/06/2020 11:53:55 PM PDT by Carry me back (Cut the feds by 90%)
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To: reg45

I hope Trump steps in after the election and removes all the governor’s that are acting as dictators. Everything should be back to complete normalcy or Governors should be jailed. They are working for foreign and domestic terrorist. It’s time 2 new parties or more were created. Neither of our 2 major parties has the best interest of the country at heart. They are both the enemy of the people.


19 posted on 10/06/2020 11:58:17 PM PDT by Carry me back (Cut the feds by 90%)
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To: Carry me back

The best argument against democracy is a 5 minute conversation with your average voter.

JoMa


20 posted on 10/07/2020 2:54:30 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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