Shutdown ruled unconstituional in pennsylvania

This also means that there is precedence that emergencies and other "hard times" are not cause for the government to suspend or deny those rights. Does this mean that all of those laws over the war on terror can now be challenged?

a reply to: RickyD

god I hope so...

So many people cheering that bill in 2001 was horrifying in retrospect, full disclosure i wasnt upset till a few years later when I started paying closer attention to things and realized how screwed we were.

originally posted by: butcherguy
As a Pennsylvania resident, I am waiting to hear a response from Governor Wolf.

It says in the article he is going to appeal it.. they updated the article later this afternoon:

“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action. This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter.”


just more fear-mongering....

a reply to: cooperton

Lack of federal action? First the feds never had the power to dictate to the states in this matter. Secondly had they we would be reading about how Trump's authoritarian government is unconstitutionally locking us down. That response makes no sense...

“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action. This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter.”

a reply to: American-philosopher

Actually, a close reading of the entire Opinion leads to the conclusion that a shutdown is not unconstitutional - only theway it was done in Pennsylvania was. And obviously the case, decided by one of 678 U. S. District Court judges in the US will go to the Third Circuit Court of Appeals. Since this was a federal court case at the lowest level it has no precendential value at all. It can be cited only as what one court did in a particular fact situation. It is binding in the Western District of Pennsylvania. That is 25 of Pa's 67 counties.

Don't let this fool you. This ruling does nothing. It changes nothing. This is the type of ruling we should have been seeing in April all over the country. Not in September when most of the restrictions they are saying are unconstitutional have been lifted. (for now anyway). This is a spineless ruling, a token ruling. It does nothing to reinstate any rights or undo anything that has been done. They took the weasel way out by making the ruling when it wouldn't matter.

a reply to: muzzleflash

Read the Judge's ruling. He states that he believes that their intentions were good, they just overstepped their bounds. That was probably put in the ruling to let them off the hook.

originally posted by: American-philosopher
Well folks, I and along with a host of others were saying back in April and May that these rulings and shutdowns by these governors/emperor's were unconstituional.

I know that now, months later its little solace. But I think this is proof that we were right.

SHutdown ruled unconstituional

our freedoms and liberties don;t just go away. There not some thing that can just be erased when a governor wants them to be gone.

The court closes this opinion as it began, by recognizing that defendants' actions at issue here were undertaken with the good intention of addressing a public health emergency,” Stickman wrote. “But even in an emergency, the authority of government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms — in place when times are good but able to be cast aside in times of trouble.”

No government or entity should be able to take away our rights.

Thanks!

originally posted by: RickyD
That response makes no sense...

Yes it does. Wolf's entire objective has been to make thing as rough as he can on people and blame Trump for it. When the news article came out they made sure to mention that the Judge was appointed by Trump.

He still controls the LCB and licensing, so starting Sunday, bars and restaurants can open at 50% capacity, but, they have to stop serving alcohol at 10 PM. Supposedly this is to protect the college kids. They have to sign an agreement so that they can be fined and jailed if they don't comply. I expect more of his bull# in the near future.

originally posted by: RickyD
a reply to: cooperton

Lack of federal action? First the feds never had the power to dictate to the states in this matter. Secondly had they we would be reading about how Trump's authoritarian government is unconstitutionally locking us down. That response makes no sense...

Exactly. Theyre blaming the fed for not over-stepping freedoms to justify their unconstitutional shut-down on the state level

Now, time to sue the States for damages as a result of direct violations to our constitutional rights.

originally posted by: cooperton

originally posted by: RickyD
a reply to: cooperton

Lack of federal action? First the feds never had the power to dictate to the states in this matter. Secondly had they we would be reading about how Trump's authoritarian government is unconstitutionally locking us down. That response makes no sense...

Exactly. Theyre blaming the fed for not over-stepping freedoms to justify their unconstitutional shut-down on the state level

It was a trap, Trump again didn't fall for it.
www.youtube.com...

originally posted by: JIMC5499
a reply to: muzzleflash

Not going to happen. Qualified immunity.

Qualified immunity is a legal sophistry created by Earl Warren all those years ago. Pure sophistry. It would take brave men to end it, and we are in short supply of brave men in Washington DC.

We've learned one thing. When states make an unconstitutional move, the law abiding citizens abide while the criminals continue to do what they want to do...

Maybe all of this is just testing the waters in case the democrats win, they want to see how people react to unconstitutional moves that way they'll know what to expect when they send Beta O'Rourke after our guns.

originally posted by: LSU2018

Maybe all of this is just testing the waters in case the democrats win, they want to see how people react to unconstitutional moves that way they'll know what to expect when they send Beta O'Rourke after our guns.

It all seems like an Orwellian fire drill. The majority of people passed with flying colors and demonstrated how quickly they would give up their freedom for a perceived security

...or honestly who knows? Maybe the people at the top are just as clueless as the rest of us and they're protecting their cowardice with extraneous quarantines

originally posted by: JIMC5499
a reply to: muzzleflash

Not going to happen. Qualified immunity.

Now, Contempt of Court on the other hand..........pittsburgh.cbslocal.com...

originally posted by: cooperton

originally posted by: LSU2018

Maybe all of this is just testing the waters in case the democrats win, they want to see how people react to unconstitutional moves that way they'll know what to expect when they send Beta O'Rourke after our guns.

It all seems like an Orwellian fire drill. The majority of people passed with flying colors and demonstrated how quickly they would give up their freedom for a perceived security

...or honestly who knows? Maybe the people at the top are just as clueless as the rest of us and they're protecting their cowardice with extraneous quarantines

So true... It could go either way. It really feels like a toe slide through the deep end to see how the water feels before you dive in.

Great news

Freedom for the Keystone state once again

Wolf can stick it. We have a few very good Senators. Doug Mastriano has been pushing hard.
I'm associated with 2 bars. As stated by someone above, we are not signing Wolf's paperwork, already doing bar seating, open until 2 am.
Opening 100% on weekend with full band .
Nobody can survive on 25%.. This ruling hopefully pushes businesses to ignore Der Fuher and rightfully open up our state.

a reply to: mugger

Things are getting interesting. Several school districts are opening up fully for football games this weekend. Several clubs and bars are doing the same. It's pretty much like our area is telling Wolf to "Screw off!"