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Thursday, May 28, 2020

OPINIONPublished 8 hours ago Judge Andrew Napolitano: Coronavirus shutdowns ordered by governors and mayors are unconstitutional

The governors of all 50 states and the mayors of many large cities have assumed unto themselves the powers to restrict private personal choices and lawful public behavior in an effort to curb the spread of COVID-19.

They have done so not by enforcing previously existing legislation but by crafting their own executive orders, styling those orders as if they were laws, using state and localpolice to enforce those so-called laws and – presumably when life returns to normal and the courts reopen – prosecuting the alleged offenders in court.

It is hard to believe that any judge in America would permit a criminal trial of any person for violating a standard of behavior that has not been enacted into law by a legislature.

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8 comments:

Anonymous said...

Governor's and local officials have broad powers during state of emergencies. Locally we see it when a hurricane is looming. Alcohol sales suspended. Businesses ordered to close and then mandatory evacuations. Hurricanes are an actual threat. The threat of this virus hasn't been actual. It's been theoretical and the theoretical threat was hospitals getting overwhelmed. That did not happen and won't happen. Beebe in Lewes could have handed every single case of Covid in the whole state of DE. Hospitals nationwide sat empty including in NYC. Even the ones the media was showing were 'overwhelmed' it's been determined 93 percent of those hospitals were empty. It was 2 or 3 hospitals where the ER's got overwhelmed which is not unusual for any big city hospital in certain areas. People use ER's as their primary physicians. It is NOT the government's job to protect us for one another It is OUR job to protect yourself from others. Things should open back up and anyone who feels uncomfortable with it or gets nervous if should stay home It is not your right to be protected from others but it is your right to try and protect yourself from others.

Anonymous said...

Thus the bullshhht will be Thrown Out !!! When Courts re-open !!!

Anonymous said...

What is this??? I was right again???????????????

Anonymous said...

Maybe we are under martial law and nobody told us.

Anonymous said...

So now this is it, does every governor have resign because they didn't keep their oath to uphold the constitution?

Anonymous said...

I’m sure this turd is correct, but not relevant. He dyed his hair, lost weight and put on a Johnny Carson 3-piece in hopes of President Donald J. Trump would appoint him to the SCOUS. Trump turned him down and this cat went home to gray hair and dropped Trump like a hot tater. He was a Trump supporter until that time. Not relevant at all.

Anonymous said...

If only an opinion from Judge Napolitano actually meant anything legally. LOL.

Anonymous said...

Like I said in comment to another article these are executive decrees not law of the land. Only our legislators may enact and pass laws. Any judge worth his salt would and should throw any of these types of cases out before being brought into a court room. You have to have violated the annotated code of Maryland to break a law, period!