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There should be a national dialogue in getting back to work


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THIS IS TRUE, AND NOTHING NEW: 

 

A Pandemic Does Not Suspend the Rule of Law: Courts are beginning to recognize that public health powers, while broad, are not a blank check. 

 

 

 

The headline isn’t quite right, though: Courts have always recognized that.

 

 

 

 

 

 

 

 
 
 
 
 
 
 
 
 
 
 
 
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9 hours ago, B-Man said:

 

 

THIS IS TRUE, AND NOTHING NEW: 

 

A Pandemic Does Not Suspend the Rule of Law: Courts are beginning to recognize that public health powers, while broad, are not a blank check. 

 

 

 

The headline isn’t quite right, though: Courts have always recognized that.

 

 

 

 

 

 

 

 
 
 
 
 
 
 
 
 
 
 
 

So, when do we start seeing rulings like these in NYS?

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DAVID MARCUS IN TOMORROW’S NEW YORK POST: End New York City’s lockdown now!

 

Last Friday morning, some 3,500 New Yorkers lined up at a Catholic church in Queens to receive free food hours before it even opened, ­according to the New York Police Department. Catholic Charities has reported a 200 percent increase in demand over the past month and a half.

 

By prolonging the coronavirus shutdown long after its core mission was accomplished, Gov. Cuomo and Mayor de Blasio have plunged tens of thousands of New Yorkers into poverty.

 

It needs to end. Now.

 

In mid-March, we were told we have to endure a lockdown to ensure that hospitals didn’t get overrun. We did. The hospitals were not overwhelmed. We turned the Javits Center into a hospital. We didn’t need it. We brought in a giant Navy ship to treat New Yorkers. We didn’t need it.

 

We were told we were moments away from running out of ventilators. We weren’t, and now the United States has built so many, we are giving them away to other countries.

 

Meanwhile, the Big Apple is ­dying. Its streets are empty. The bars and jazz clubs, restaurants and coffeehouses sit barren. Beloved haunts, storied rooms, perfect-slice joints are shuttered, many for good. The sweat equity of countless small-business owners is evaporating. ­Instead of getting people back to work providing for their families, our mayor talks about a fantasyland New Deal for the post-coronavirus era.

 

Open the city. All of it. Right now. Broadway shows, beaches, Yankees games, the schools, the top of the freakin’ Empire State building. Everything. New Yorkers have already learned to socially distance. Businesses can adjust. The elderly and infirm can continue to be isolated.

 

Actually, given Cuomo’s policy of pumping infected patients into nursing homes, it’s more like begin to be isolated.

 

Plus, a call for revolution:

In late April, Georgia Gov. Brian Kemp defied experts by opening his state. The Atlantic magazine, once a serious publication that should now come with a stick of stale bubblegum, accused him of engaging in “human sacrifice.”

 

You want to guess what happened? Guess, come on, take a guess. Instead of the predicted spike in deaths, the number of cases of coronavirus and associated deaths declined.

 

We should always consider that we are led by idiots, as one of my friends likes to remind me. Cuomo and de Blasio have no plan. There is not a single question about when New York can get back to normal to which they have a straight ­answer. Not one.

They cash their taxpayer paychecks while immiserating the rest of us.

 

If our elected leaders won’t save the world’s greatest city from a slow death by economic strangulation, then the people of New York must do it themselves. Barbers, tailors, nail ­salons, sporting-goods stores, movie theaters and others should open their doors — while maintaining social distancing, of course — and dare the state to shut them down.

 

Our politicians serve by our consent; we don’t run our businesses or live our lives by their consent.

The suggestion to the contrary is an ­affront to Americanism.

 

 

If you live in this world, you’re feeling the change of the guard.

 

The Post’s front page for tomorrow:

 

nypostcov52120-600x399.jpg

 

 

 

 

 

 

UPDATE: John Hinderaker: The Pushback Continues.

 

 

 

 

 

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THE PUSHBACK CONTINUES [UPDATED]

Around the country, citizens are fighting back against extreme and likely illegal shutdown orders. An inspiring example comes from Minnesota, where today all of the state’s Catholic bishops signed a letter to their congregants saying that they will not obey Governor Walz’s current order. Walz modified his shutdown order again today, but it still prohibits churches from gathering in groups of more than ten. A local newscaster commented:

 

 

 

{snip}

 

Two Twin Cities churches have sued Governor Walz, alleging that his shutdown order violates First Amendment freedom of religion. I wrote about that case here. It is brought by the Upper Midwest Law Center, on whose board I serve, and includes several small businesses as plaintiffs as well. On Tuesday, the churches will argue their motion for a preliminary injunction against Walz’s order in federal court. I am confident that they will win, as churches have done across the country in response to irrationally anti-religious shutdown orders.

 

On another front, the owner of several restaurants and bars in central Minnesota whom I wrote about here will be in state court on Friday to contest the order of that court shutting down his Albany, Minnesota restaurant. Attorney General Keith Ellison obtained the order improperly by appearing ex parte before the court, something that is not permitted unless it is impossible to give notice to the opposing party, which was certainly not true here. The Upper Midwest Law Center is involved in that case as well.

 

In Ohio, a state court judge held today that Ohio’s Health Department’s shutdown order exceeded statutory authority.

Such pushback against arrogant government authority is taking place across the country; I can’t begin to summarize it here. Perhaps the most surprising aspect of the coronavirus story has been the alacrity with which Americans have, sheeplike, obeyed government orders that made little sense and infringed on their most fundamental rights. For those who thought it can’t happen here, this passive compliance has been an eye-opener. Let’s hope the pushback continues and gains strength.

 

UPDATE: The Wall Street Journal Editorial Board has weighed in on the side of Minnesota’s discriminated-against churches:

 

 

 

More at the link: https://www.powerlineblog.com/archives/2020/05/the-pushback-continues.php

 

 

 

Edited by B-Man
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Mississippi burning 

 

U.S. News & World Report

Mississippi Church Suing on Virus Restrictions Burns Down

 

Quote

 

HOLLY SPRINGS, MISS. (AP) — A church in Mississippi was destroyed by a suspected arson fire, about a month after its pastor filed a lawsuit challenging the city of Holly Springs on gathering restrictions amid the coronavirus outbreak.

First Pentecostal Church in Holly Springs, Mississippi, burned down Wednesday morning, news outlets reported. When investigators from the Marshall County Sheriff’s Office got to the scene, they found graffiti in the church parking lot that read: “Bet you stay home now you hypokrites.”

 

 

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ILYA SHAPIRO: Broad Lockdowns Are No Longer Constitutionally Justified.

 

States have the “police power” to govern for the general health, welfare and safety of society, so long as they have sufficient justification for doing so. But that doesn’t mean that there’s no limit on the actions that state and local officials can take, or that actions that were justified at one point will continue to be justified forever, regardless of underlying developments.

 

In other words, it’s prudent in a pandemic to restrict activities that would otherwise bring people together in a way that facilitates viral transmission, but it doesn’t mean governors get to “shut down” anything and everything on a whim. Recall that viral video of the guy running along the beach in California, chased by a hapless cop. Or that dad who got arrested for playing catch with his kids in a public park. Or mayoral edicts that stop drive-in church but permit drive-thru liquor sales. Or the Michigan order banning motorboats but not sailboats; the sale of seeds but not weed. . . .

 

As the facts on the ground change, government actions that once were grudgingly accepted now simply don’t pass the constitutional smell test. That’s especially so given the fundamental error that was made in ordering shutdowns based on arbitrary definitions of “essentiality,” as opposed to issuing rules according to the safety of various activities.

 

 

 

Yes.

 
 
 
 
 
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6 minutes ago, shoshin said:

 

I remember the last pastor who tried this. Maybe it's a test of which sect has the right answer? 

 

 

If that's the case, then the atheists win hands down. :lol:

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5 hours ago, B-Man said:

If you live in this world, you’re feeling the change of the guard.

 

Great song. Gets stuck in my head often.

 

30 minutes ago, Buffalo_Gal said:

 

 

Needs a Snickers bar.

 

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