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  3. Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court

Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court

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  • C Offline
    C Offline
    Copper
    wrote on 22 Apr 2020, 21:24 last edited by
    #1

    https://www.foxnews.com/media/napolitano-unconstitutional-stay-at-home-orders

    @Napolitano said "

    Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court

    Fox News senior judicial analyst Andrew Napolitano said on Tuesday that stay-at-home orders from governors across the U.S. are unconstitutional because creating laws is a power delegated solely to legislatures

    “The government has to recognize that the rights that are in the Constitution still exist in bad times as well as in good and it has to treat people equally,” Napolitano told “Fox & Friends.”

    “If you can get in a line of cars to buy a cheeseburger at McDonald's, you can get in a line of cars to express your opinion about the government."
    Napolitano’s comments came after the organizer of a protest against New Jersey’s coronavirus stay-at-home order was arrested. Kim Pagan, of Toms River, N.J., was charged Friday following the small but noisy demonstration in front of the New Jersey Statehouse in Trenton.
    New Jersey police accused Pagan of violating emergency stay-at-home orders issued by Gov. Phil Murphy to contain the spread of the coronavirus.

    Pagan was issued a summons and not arrested, according to a news release from state Attorney General Gurbir Grewal.

    “If you think emergency orders are more like guidelines than actual rules, think again,” Grewal said in a tweet Friday.

    Pagan has to answer to the charge in municipal court. Violations of emergency orders constitute a disorderly persons offense carrying a potential sentence of up to six months in jail and a $1,000 fine, Gewal said.

    The protesters gathered outside the Statehouse as Murphy and other state officials held a media briefing about the COVID-19 pandemic inside, News 12 New Jersey reported.

    1 Reply Last reply
    • C Offline
      C Offline
      Copper
      wrote on 22 Apr 2020, 21:26 last edited by
      #2

      I don't know the law, but I would like to believe this.

      If true, I wish more new outlets reported it.

      1 Reply Last reply
      • I Offline
        I Offline
        Improviso
        wrote on 22 Apr 2020, 21:30 last edited by
        #3

        Maybe someone will arrest our governor who is defying his own order.

        He's been spotted at his second home in Manteo, N.C.

        https://newsradiowrva.radio.com/blogs/jeff-katz/virginia-gov-ralph-northam-violating-covid-19-stay-at-home?fbclid=IwAR2vk02gAAciXiVmzImXjIyZcnZMNtKaihF3_x7fCiQbWhFS1XeceHOOlBM

        We have the freedom to choose our actions, but we do not get to choose our consequences.
        Yes, there are two paths you can go by, but in the long run, there's still time to change the road you're on.

        1 Reply Last reply
        • J Offline
          J Offline
          Jolly
          wrote on 22 Apr 2020, 21:40 last edited by
          #4

          Bill Barr weighed in today, saying that some governors may have exceeded their authority concerning certain Constitutional rights.

          I don't think he threatened anything, his statement was more in the form of a nudge, methinks.

          “Cry havoc and let slip the DOGE of war!”

          Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

          1 Reply Last reply
          • C Offline
            C Offline
            Copper
            wrote on 22 Apr 2020, 21:43 last edited by
            #5

            I suspect that many governors, like the president, may have extraordinary powers in an emergency.

            Still, I don't like some of the things they have done.

            1 Reply Last reply
            • X Offline
              X Offline
              xenon
              wrote on 22 Apr 2020, 22:46 last edited by xenon
              #6

              A bit of a different perspective - during the bombing of London, you had to follow guidelines on when you could turn on your lights.

              During WW2 here - there was flour and sugar rationing.

              Now this isn't a war - but we're talking about is the limits of the power of compulsion from the state.

              Both of those things are massive infringements on personal rights by the state. I'm not sure where the theoretical max is on the government's power of compulsion in an emergency.

              Ask yourself - what are you really arguing :

              • This isn't really an emergency

              • The power of the state should be limited, no matter if there's an emergency

              1 Reply Last reply
              • D Offline
                D Offline
                Doctor Phibes
                wrote on 22 Apr 2020, 22:54 last edited by
                #7

                It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument, and now they're changing the direction of the smoke they're trying to blow up our arses to one of civil liberties.

                (Sarcasm)It kind of makes you wonder about their real motivation.

                I was only joking

                C 1 Reply Last reply 22 Apr 2020, 23:03
                • D Doctor Phibes
                  22 Apr 2020, 22:54

                  It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument, and now they're changing the direction of the smoke they're trying to blow up our arses to one of civil liberties.

                  (Sarcasm)It kind of makes you wonder about their real motivation.

                  C Offline
                  C Offline
                  Copper
                  wrote on 22 Apr 2020, 23:03 last edited by
                  #8

                  @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                  It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument,

                  The real motivation is evil, pure and simple, evil.

                  And the 'Covid is no worse than the flu' argument ended a few days ago when deaths from COVID exceeded deaths from this year's flu. COVID wins.

                  Of course the year is an arbitrary period of time and you could choose a longer period if it suits your purpose. For example, the number of flu deaths over the last 5 years is far greater than the number from COVID.

                  Pandemics are not limited by a single year, so if you are just comparing total deaths, there are options.

                  Of course when you throw in the economic impact, there is no comparison.

                  A 1 Reply Last reply 22 Apr 2020, 23:06
                  • C Copper
                    22 Apr 2020, 23:03

                    @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                    It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument,

                    The real motivation is evil, pure and simple, evil.

                    And the 'Covid is no worse than the flu' argument ended a few days ago when deaths from COVID exceeded deaths from this year's flu. COVID wins.

                    Of course the year is an arbitrary period of time and you could choose a longer period if it suits your purpose. For example, the number of flu deaths over the last 5 years is far greater than the number from COVID.

                    Pandemics are not limited by a single year, so if you are just comparing total deaths, there are options.

                    Of course when you throw in the economic impact, there is no comparison.

                    A Offline
                    A Offline
                    Aqua Letifer
                    wrote on 22 Apr 2020, 23:06 last edited by
                    #9

                    @Copper said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                    @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                    It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument,

                    And the 'Covid is no worse than the flu' argument ended a few days ago when deaths from COVID exceeded deaths from this year's flu. COVID wins.

                    There was an entire forum of people who knew that was going to happen, for months. They knew because the projections provided no possibility otherwise. None.

                    It ended a few days ago for you and only you.

                    Please love yourself.

                    C 1 Reply Last reply 22 Apr 2020, 23:13
                    • A Aqua Letifer
                      22 Apr 2020, 23:06

                      @Copper said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                      @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                      It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument,

                      And the 'Covid is no worse than the flu' argument ended a few days ago when deaths from COVID exceeded deaths from this year's flu. COVID wins.

                      There was an entire forum of people who knew that was going to happen, for months. They knew because the projections provided no possibility otherwise. None.

                      It ended a few days ago for you and only you.

                      C Offline
                      C Offline
                      Copper
                      wrote on 22 Apr 2020, 23:13 last edited by
                      #10

                      @Aqua-Letifer said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                      @Copper said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                      @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                      It seems to me that certain conservatives have lost the 'Covid is just like the flu' argument,

                      And the 'Covid is no worse than the flu' argument ended a few days ago when deaths from COVID exceeded deaths from this year's flu. COVID wins.

                      There was an entire forum of people who knew that was going to happen, for months. They knew because the projections provided no possibility otherwise. None.

                      It ended a few days ago for you and only you.

                      You may recall when I first pointed out to you that the game was not yet over I told you that COVID would win.

                      The game isn't over until it is over. Sorry, it just isn't, no matter what an entire forum, including me, might predict.

                      1 Reply Last reply
                      • A Offline
                        A Offline
                        Aqua Letifer
                        wrote on 22 Apr 2020, 23:15 last edited by
                        #11

                        Okay, but that's a dangerous way of analyzing a situation with a three-week lag between what's reported and what's actually happening.

                        Please love yourself.

                        1 Reply Last reply
                        • C Offline
                          C Offline
                          Copper
                          wrote on 22 Apr 2020, 23:17 last edited by
                          #12

                          It is a simple scoreboard.

                          It is exactly the same scoreboard that is used for every pandemic in the history of mankind.

                          It is simple, it only takes a moment.

                          It does not preclude any other analysis.

                          1 Reply Last reply
                          • D Offline
                            D Offline
                            Doctor Phibes
                            wrote on 23 Apr 2020, 01:22 last edited by Doctor Phibes
                            #13

                            I'm sure some people waited until the end of 1941 before finally concluding that the Nazis were really bad people.

                            I was only joking

                            AxtremusA 1 Reply Last reply 23 Apr 2020, 01:33
                            • D Doctor Phibes
                              23 Apr 2020, 01:22

                              I'm sure some people waited until the end of 1941 before finally concluding that the Nazis were really bad people.

                              AxtremusA Away
                              AxtremusA Away
                              Axtremus
                              wrote on 23 Apr 2020, 01:33 last edited by
                              #14

                              @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                              I'm sure some people waited until the end of 1941 before finally concluding that the Nazis were really bad people.

                              Heck, even as recently as 2017 you got a statement like "you also had people that were very fine people, on both sides."

                              George KG 1 Reply Last reply 23 Apr 2020, 11:14
                              • AxtremusA Axtremus
                                23 Apr 2020, 01:33

                                @Doctor-Phibes said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                                I'm sure some people waited until the end of 1941 before finally concluding that the Nazis were really bad people.

                                Heck, even as recently as 2017 you got a statement like "you also had people that were very fine people, on both sides."

                                George KG Offline
                                George KG Offline
                                George K
                                wrote on 23 Apr 2020, 11:14 last edited by George K
                                #15

                                @Axtremus said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                                Heck, even as recently as 2017 you got a statement like "you also had people that were very fine people, on both sides."

                                You do know the context of that quotation, don't you?

                                "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                                The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                                I 1 Reply Last reply 23 Apr 2020, 12:35
                                • jon-nycJ Online
                                  jon-nycJ Online
                                  jon-nyc
                                  wrote on 23 Apr 2020, 11:28 last edited by
                                  #16

                                  That was definitely a case of fake news. It’s beyond clear that he was talking about both sides of the confederate statue issue, he wasn’t talk about the tiki wielding skinheads.

                                  Only non-witches get due process.

                                  • Cotton Mather, Salem Massachusetts, 1692
                                  1 Reply Last reply
                                  • George KG George K
                                    23 Apr 2020, 11:14

                                    @Axtremus said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                                    Heck, even as recently as 2017 you got a statement like "you also had people that were very fine people, on both sides."

                                    You do know the context of that quotation, don't you?

                                    I Offline
                                    I Offline
                                    Improviso
                                    wrote on 23 Apr 2020, 12:35 last edited by
                                    #17

                                    @George-K said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                                    @Axtremus said in Governors' stay-at-home orders are 'unconstitutional,' cases won't hold up in court:

                                    Heck, even as recently as 2017 you got a statement like "you also had people that were very fine people, on both sides."

                                    You do know the context of that quotation, don't you?

                                    I'm sure he does, but it doesn't fit his narrative. As usual.

                                    We have the freedom to choose our actions, but we do not get to choose our consequences.
                                    Yes, there are two paths you can go by, but in the long run, there's still time to change the road you're on.

                                    1 Reply Last reply
                                    • jon-nycJ Online
                                      jon-nycJ Online
                                      jon-nyc
                                      wrote on 23 Apr 2020, 12:49 last edited by
                                      #18

                                      I doubt he does.

                                      Really, this is one the media has only ever distorted so people genuinely believe he was saying there were nice people among the tiki wielding demonstrators.

                                      Only non-witches get due process.

                                      • Cotton Mather, Salem Massachusetts, 1692
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