Judge declares Oregon governor’s Wuhan flu edicts “null and void”; Overridden by state supreme court
UPDATE: Oregon’s state supreme court has blocked the local judge’s order and reinstated the lock downs.
Not surprisingly, the state’s Democratic governor, Kate Brown, celebrated her new found fascist power:
“Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit.”
She claims “the science is clear,” but that is the type of brainless claim made by every politician when they grab power.
Regardless, I am not surprised. Oregon wants its fascism. It is why they have allowed the Democrats to control the state.
The original post:
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An Oregon state judge has invalidated all of Governor Kate Brown’s lock down edicts, stating she had exceeded her authority under law.
Brown has exceeded her authority by restricting activities, including church services and businesses, for longer than the 28 days the governor is authorized under a state law related to public health emergencies, [the judge] Shirtcliff said.
The judge granted a preliminary injunction blocking enforcement each of the more than 10 executive orders the governor has issued since March 8.
Shirtcliff’s decision applies to the entire state. He ruled on the motions because the lawsuit challenging the duration of the governor’s legal authority was filed May 6 in Baker County Circuit Court. Elkhorn Baptist Church of Baker City is the lead plaintiff in the lawsuit, which was filed by Salem attorney Ray Hacke of the Pacific Justice Institute, a nonprofit that defends religious liberty.
Expect more such victories in court. Most of the worst abuses have been cases where governors have completely ignored the law, and ruled by edict, as if they had that power.
Meanwhile, in New Jersey, a gym reopened in defiance of the shut down imposed by that state’s fascist Democratic governor, Phil Murphy. The police arrived, discovered themselves surrounded by a crowd of defiant customers, and told the owners they were in violation, but then left without doing anything else.
We need more such defiance.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
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UPDATE: Oregon’s state supreme court has blocked the local judge’s order and reinstated the lock downs.
Not surprisingly, the state’s Democratic governor, Kate Brown, celebrated her new found fascist power:
“Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit.”
She claims “the science is clear,” but that is the type of brainless claim made by every politician when they grab power.
Regardless, I am not surprised. Oregon wants its fascism. It is why they have allowed the Democrats to control the state.
The original post:
—————–
An Oregon state judge has invalidated all of Governor Kate Brown’s lock down edicts, stating she had exceeded her authority under law.
Brown has exceeded her authority by restricting activities, including church services and businesses, for longer than the 28 days the governor is authorized under a state law related to public health emergencies, [the judge] Shirtcliff said.
The judge granted a preliminary injunction blocking enforcement each of the more than 10 executive orders the governor has issued since March 8.
Shirtcliff’s decision applies to the entire state. He ruled on the motions because the lawsuit challenging the duration of the governor’s legal authority was filed May 6 in Baker County Circuit Court. Elkhorn Baptist Church of Baker City is the lead plaintiff in the lawsuit, which was filed by Salem attorney Ray Hacke of the Pacific Justice Institute, a nonprofit that defends religious liberty.
Expect more such victories in court. Most of the worst abuses have been cases where governors have completely ignored the law, and ruled by edict, as if they had that power.
Meanwhile, in New Jersey, a gym reopened in defiance of the shut down imposed by that state’s fascist Democratic governor, Phil Murphy. The police arrived, discovered themselves surrounded by a crowd of defiant customers, and told the owners they were in violation, but then left without doing anything else.
We need more such defiance.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
All be advised – all the actions taken (unnecessary and many useless) will be declared “successful”!!! in controlling the spread and death count. It will be stated that without them, it would have been much much worst!
Those who implemented them will bask in their glory as having “saved us!”.
I kid you not – I see this coming.
Way ahead of them:
“Justices ruled 4-3 Wednesday that the Evers’ administration exceeded its authority when state Department of Health Services Secretary Andrea Palm issued the “Safer at Home” extension that was scheduled to run until Tuesday, May 26.”
https://www.wpr.org/wisconsin-supreme-court-strikes-down-safer-home-order-0
Trent Castanaveras: Each state is independent. What makes Oregon’s ruling more significant is the domination there of the left. Wisconsin has a much more mixed political structure.
For a judge to rule in this manner in the Oregon leftist political culture means that even leftist judges see the inappropriateness and illegality of these edicts.
Mu bet is on Hondo’s prediction!
“Moviegoers pack Michigan drive-in theater, defying Whitmer’s stay-home order”
https://www.mlive.com/coronavirus/2020/05/moviegoers-wait-in-long-lines-to-get-into-michigan-drive-in-that-opened-despite-stay-at-home-order.html
Oregon is more mixed than it seems. If you took out Portland, Salem, and Eugene, the state would be hard-core red. Eastern Oregon in particular is not only red, but on the far end of the “extreme” right. Even in Portland, I live 13 miles from the center of downtown, and my neighborhood is surprisingly well mixed. I usually see a decent number of conservative/Republican signs out come election season. Of course, the districts are drawn up such that there is rarely any doubt about the outcome of elections, and nobody is making a serious attempt to unseat the very leftist representative in my district, but it’s not nearly as monolithic as it seems.
it will be very interesting to see what happens with this order. I don’t see any way the State Supreme Court revives her order, while she could probably get away with just starting over with a new emergency declaration, I think she’d lose the public support if she did that. The legislature would certainly pass whatever she wants if she could get it in session, but she’d have to send out the police to drag members to Eugene to get a quorum.
If she’s half as smart as her supporters think she is, she’ll throw in the towel. The mountain trails, lakes and beaches have been packed the last few pleasant weekends, only about 1/4 of the people I see out and about are wearing masks, and crowds at the markets are nearly normal.
All she can really control are the medium sized businesses, shopping malls, and the small places that rely on government permits, such as bars, weed shacks, etc. The big players, Nike, Intel, etc, are pretty much shut down, and don’t plan to open up soon regardless of anything the government says. One of my co-workers said this morning that his wife, an Intel employee, was told last week that she’ll be working remote through the end of the year.
The State of Oregon is now officially a dictatorship. Under the Roman Constitution, in times of national crisis, the Senate could appoint a dictator who would rule by decree for a set period, IIRC six months. Nothing he did or ordered was capable of being questioned or subsequently actionable at law, to include executions. https://en.wikipedia.org/wiki/Roman_dictator
Oregon has gone one better. Its limit of 28 days, duly enacted by the legislature, has been declared unconstitutional. There is nothing to prevent a governor from declaring an emergency and ruling by decree (we call them “executive orders”) for as long as they please. If you try to vote him or her out of office, they can declare a suspension or cancellation of the elections. If you try and hold them anyway, he can declare them illegal. If you try to bring a legal suit or impeachment, it can likewise be declared illegal. WOW. We are no longer a country of rule by law. I’ve always thought the idea of the Second Amendment being the final bulwark against tyrants being theoretical with no practical meaning, but maybe the crazies are right.
Col Beausabre-
The ‘crazies’, have always been correct, as far as the 2nd Amendment! (I’m already a deplorable, sign me up for ‘crazy.’)
–Anyone who wants to throw me into a death-camp, is going to have to work long & hard at doing so, ‘cuz I’m not the cooperative type.
(The only open question I have ever had regarding this, irrespective of the current made-up crisi, is whether our Military would actually fire upon American Citizen’s.)
“If you’re listening to this, you are the resistance.”
https://youtu.be/m7bSYG0qL3Y
0:55
When the citizens fear the government, it’s called tyranny. When the government fears the citizen’s, it’s called liberty.
Robert Zimmerman: That’s fair. News from this week supports at least of modicum of sanity being restored, thanks to that healthy partisan mix.
“Evers gives up on virus restrictions amid GOP opposition”
https://www.channel3000.com/evers-withdraws-virus-plan-outline-amid-gop-opposition/
What is it that courses through a “Progressives” mind? Drunk with power? Just incompetent? Fearful to be seen for what they are, incompetent, weak and drunk with power?
B. DeBlasio: “Beaches will be closed in NYC, and anyone who attempts to swim will be removed from the water”
And I would think that any virus that found itself in the salt water environment, in a breeze with high humidity, in the sun light and in contact with the salt water would not have a chance. So what in hell drives someone to be this oppressive and over compensating? I am certain it is not science.
This really is a mental disability.
And I want to point out that in NYC the Spanish / Black / minority populations are pretty wound up with this virus seclusion and they love, love, love the beaches ( And they drink their Hennessey, Titos, Cerveza etc, stereo types are based in truth) and I can see real problems for the mayor emerging if in deed he were to insist that the police do what he asserts that he will insist on. Especially if the weather is prime.
Bill DeBlasio, the worst and most “Progressive” mayor in America: https://youtu.be/PKk2p0R5vEc
Governor Kate “Bolshevik” Brown wants to share her perspective on this ….
If you want a vision of the future, imagine a boot stamping on a human face – forever. (George Orwell)
So Now you take it to the Federal level.
Much as I’d like to go on an anti-Kate Brown rant here, the Oregon State Supreme Court is probably legally right on this ruling. Once you read past the spin, all they have done is say things have to stay as they are until the state gets a chance to appeal the preliminary injunction. It’s fairly normal for a lower court ruling to be put on hold for appeal if implementing the lower court’s ruling would result in potential harm which cannot be undone.
Biggest problem with the whole process is how long it takes for a case to wind through the system.
David said;
“Oregon is more mixed than it seems.If you took out Portland, Salem, and Eugene, the state would be hard-core red. Eastern Oregon in particular is not only red, but on the far end of the “extreme” right.” “I usually see a decent number of conservative/Republican signs out come election season. Of course, the districts are drawn up such that there is rarely any doubt about the outcome of elections, and nobody is making a serious attempt to unseat the very leftist representative in my district, but it’s not nearly as monolithic as it seems.”
But that is all about to change. Have you checked your voter registration lately?
https://heavy.com/news/2016/04/election-fraud-voter-registration-changed-suppression-party-affiliation-sanders-clinton-ca-ny-az-md-pa-what-to-do/
People who said they were previously registered Democrat or Republican suddenly found their registrations inactive or their party affiliations dropped, and now they can’t vote in their primary. These problems were a big issue in Arizona, and now they’re being seen in New York, California, Connecticut, Pennsylvania, Maryland, and more.
This is an old article, but the change of affiliation has spread to Oregon and hundreds could not vote in their own party.
There’s a lot of controversy around the upcoming elections, mail in ballots will be the only way to vote if the emergency continues. People who received ballots for local elections have commented how signature, personal information and party affiliation is on the outside of the envelope. This makes it easier for those handling the ballots to separate the ones they want to count from those that are being thrown away.