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Thread: Oregon’s governor coronavirus restrictions null and void, judge issues preliminary injunction

  1. #1

    Oregon’s governor coronavirus restrictions null and void, judge issues preliminary injunction



    An Oregon judge on Monday halted statewide coronavirus restrictions, ruling in favor of churches and congregants who challenged the measures as an unlawful infringement on their religious freedoms.

    Circuit Judge Matt Shirtcliff's ruling temporarily suspends all of Gov. Kate Brown's (D) emergency coronavirus measures, not just those applying to religious gatherings.

    Brown vowed to immediately appeal to the Oregon Supreme Court.

    More at: https://thehill.com/regulation/court...h-restrictions


    The Oregon Supreme Court Monday evening issued a stay blocking a decision earlier in the day by Baker County Circuit Court Judge Matt Shirtcliff that temporarily stopped the state from enforcing Gov. Kate Brown's executive orders restricting certain activities due to the coronavirus pandemic.
    That means the executive orders will remain in effect statewide.
    After a 20-minute hearing Monday morning at the Baker County Courthouse, Shirtcliff granted a preliminary injunction to the plaintiffs in a lawsuit filed against the governor May 6.
    The next step is for attorneys from both sides to submit responses to the Supreme Court related to the governor's request to vacate the preliminary injunction Shirtcliff issued. Those responses are due by May 22, according to the decision by Thomas A. Balmer, presiding justice for the Oregon Supreme Court.

    More at: https://www.bakercityherald.com/coro...8fa1166e8.html
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  3. #2
    If only there was a judge in Michigan that would do this.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  4. #3
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  5. #4
    Quote Originally Posted by CCTelander View Post
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.
    + rep

    It would be really helpful to have allies, but you don't need a middle-man to broker your freedom or salvation.

  6. #5
    Quote Originally Posted by sparebulb View Post
    + rep

    It would be really helpful to have allies, but you don't need a middle-man to broker your freedom or salvation.

    Allies would definitely be good. If people had some way to organize support like that it would be even better. Ultimately though this fascist/Marxist tyranny will never go away until people resist, even if they have to do it solo at first. I never closed my biz down, but I have to admit enforcement of this crap has been fairly lax around here and my situation is kind of unique.
    Last edited by CCTelander; 05-19-2020 at 09:34 AM.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  7. #6
    Quote Originally Posted by Anti Globalist View Post
    If only there was a judge in Michigan that would do this.
    Has anyone in Michigan challenged the Governor yet in court?

    One judge ruled AGAINST the attorney general who tried to shut down that barber shop who defied the governor:

    https://www.mlive.com/news/flint/202...rber-shop.html
    There is no fear in love, but perfect love casts out fear. For fear has to do with punishment, and whoever fears has not been perfected in love.
    (1 John 4:18)

  8. #7
    Quote Originally Posted by Created4 View Post
    Has anyone in Michigan challenged the Governor yet in court?

    One judge ruled AGAINST the attorney general who tried to shut down that barber shop who defied the governor:

    https://www.mlive.com/news/flint/202...rber-shop.html
    I'm hoping what happened in Wisconsin happens in Michigan. From what I've heard the SC in Michigan is more conservative than liberal.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  9. #8
    Quote Originally Posted by CCTelander View Post
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.
    If only fools and enemy spies would quit trying to limit the ways we fight tyranny.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  11. #9
    Quote Originally Posted by CCTelander View Post
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.



    Quote Originally Posted by Swordsmyth View Post
    If only fools and enemy spies would quit trying to limit the ways we fight tyranny.
    Exactly. So quit yer yappin' calling me some commie leftist (and others too) when I advocate Agorsim and doing what I want/need to do.
    ____________

    An Agorist Primer ~ Samuel Edward Konkin III (free PDF download)

    The End of All Evil ~ Jeremy Locke (free PDF download)

  12. #10
    Quote Originally Posted by PAF View Post





    Exactly. So quit yer yappin' calling me some commie leftist (and others too) when I advocate Agorsim and doing what I want/need to do.
    I'll continue to call a spade a spade as you continue to oppose alternate ways of fighting tyranny and support the communist invasion.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  13. #11
    Quote Originally Posted by Swordsmyth View Post
    If only fools and enemy spies would quit trying to limit the ways we fight tyranny.

    So true. Why do you keep doing that?
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  14. #12
    Quote Originally Posted by CCTelander View Post
    So true. Why do you keep doing that?
    Pathetic.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  15. #13
    Quote Originally Posted by Swordsmyth View Post
    I'll continue to call a spade a spade as you continue to oppose alternate ways of fighting tyranny and support the communist invasion.

    Nobody is "oppos[ing] alternate ways of fighting tyranny" as you're very well aware. They're merely pointing out the inadequacy and flat out lunacy of relying in the very entities who have their boots on our necks to come to our rescue. Slaves beg their masters for permission. Free men act free regardless of what those who claim to be their masters say.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  16. #14
    Quote Originally Posted by CCTelander View Post
    Nobody is "oppos[ing] alternate ways of fighting tyranny" as you're very well aware. They're merely pointing out the inadequacy and flat out lunacy of relying in the very entities who have their boots on our necks to come to our rescue. Slaves beg their masters for permission. Free men act free regardless of what those who claim to be their masters say.
    He hasn't been posting as often since his temp ban, I wonder how many times he flipped through his script book to see if ^^ anything ^^ was in there.
    ____________

    An Agorist Primer ~ Samuel Edward Konkin III (free PDF download)

    The End of All Evil ~ Jeremy Locke (free PDF download)

  17. #15
    Quote Originally Posted by CCTelander View Post
    Nobody is "oppos[ing] alternate ways of fighting tyranny" as you're very well aware. They're merely pointing out the inadequacy and flat out lunacy of relying in the very entities who have their boots on our necks to come to our rescue. Slaves beg their masters for permission. Free men act free regardless of what those who claim to be their masters say.

    You are telling people not to use the courts even as many courts strike down the tyranny.
    Tell me about how the Wisconsin legislature and Supreme Court didn't end the tyranny there.
    Nobody has ever said not to engage in civil disobedience but you and others continue to insist that we do nothing else, PAF has in the past opposed laws that reduced gun control just because they didn't (yet) end it entirely.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  18. #16
    Quote Originally Posted by PAF View Post
    He hasn't been posting as often since his temp ban, I wonder how many times he flipped through his script book to see if ^^ anything ^^ was in there.

    If he's sincere (highly doubtful but I allow for the possibility), he hasn't even learned to be free in his own mind yet. To him, almost every solution requires the cooperation of his masters. He'll never be free untill he frees his own mind.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul



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  20. #17
    Quote Originally Posted by Swordsmyth View Post

    You are telling people not to use the courts even as many courts strike down the tyranny.
    Tell me about how the Wisconsin legislature and Supreme Court didn't end the tyranny there.
    Nobody has ever said not to engage in civil disobedience but you and others continue to insist that we do nothing else, PAF has in the past opposed laws that reduced gun control just because they didn't (yet) end it entirely.
    Concerning Natural Rights,,, what government "gives" to you can and will take away.

    I do not need any law "allowing" me to protect myself as I see fit. My Natural Right is outlined right there in the 2nd Amendment.

    And you actually think that I am going to support a law/ordinance/statute to "allow" me to carry open/concealed, and do an end-run around the 2nd, to further/expand "precedent"?
    ____________

    An Agorist Primer ~ Samuel Edward Konkin III (free PDF download)

    The End of All Evil ~ Jeremy Locke (free PDF download)

  21. #18
    Quote Originally Posted by PAF View Post
    Concerning Natural Rights,,, what government "gives" to you can and will take away.

    I do not need any law "allowing" me to protect myself as I see fit. My Natural Right is outlined right there in the 2nd Amendment.

    And you actually think that I am going to support a law/ordinance/statute to "allow" me to carry open/concealed, and do an end-run around the 2nd, to further/expand "precedent"?
    That spin doesn't work and never will.
    The precedent was long ago set and a law that prevents the government from harassing people for exercising more of their rights is a good thing.
    Nearly every position you take ignores reality and helps the tyrants, I'm sure it's just a coincidence.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  22. #19
    Quote Originally Posted by CCTelander View Post
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.


    Quote Originally Posted by Swordsmyth View Post
    That spin doesn't work and never will.
    The precedent was long ago set and a law that prevents the government from harassing people for exercising more of their rights is a good thing.
    Nearly every position you take ignores reality and helps the tyrants, I'm sure it's just a coincidence.
    That's mighty telling, SwordShill... I live my life according to the society you claim you want to promote. But, if it isn't written by overlords into "law/statute/ordinance", it means nothing to you, Statist.

    You expose yourself with each and every post.

    Carry on. No permit needed ;-)
    ____________

    An Agorist Primer ~ Samuel Edward Konkin III (free PDF download)

    The End of All Evil ~ Jeremy Locke (free PDF download)

  23. #20
    Quote Originally Posted by PAF View Post
    That's mighty telling, SwordShill... I live my life according to the society you claim you want to promote. But, if it isn't written by overlords into "law/statute/ordinance", it means nothing to you, Statist.

    You expose yourself with each and every post.

    Carry on. No permit needed ;-)
    Your spin fails again, I never said it meant nothing just as I have never said not to engage in civil disobedience.
    You are the one who fights increases in liberty and ignores reality, not everyone can or will engage in civil disobedience and the government will use its power to violate rights if the law/statue/ordinance allows it too.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  24. #21
    The Oregon Supreme Court ruled Friday that a Baker County judge erred in ruling that Gov. Kate Brown’s executive orders relating to the coronavirus pandemic violated a 28-day statutory time limit and had therefore expired.

    Friday's decision directs Circuit Judge Matthew Shirtcliff to vacate the preliminary injunction he'd issued while the Baker County case – seeking a declaratory judgment and permanent injunction – was pending (which the Supreme Court had previously stayed). The governor’s orders, therefore, remain in effect.

    Shirtcliff's May 18 ruling came in regards to a lawsuit filed by 10 churches, including two in Bend, the nonprofit Pacific Justice Institute and 21 others against the governor. The governor's office quickly appealed to the state Supreme Court, which put a hold on the Baker County judge's permanent injunction, pending further arguments.

    The Baker County case remains pending. The next step is for the circuit court and the parties to evaluate the Supreme Court’s ruling and determine how they think the case should proceed.

    Kevin Mannix, president of Common Sense for Oregon, said the group disagrees with the high court's interpretation that the time limits of the public health emergency law don't limit the length of time the governor can issue lockdown orders when declaring a general emergency.

    "With this ruling in hand, we will ask the Legislature to amend the law to make it clear that the Governor’s lockdown powers truly do have a 28-day time limit, even when the Governor declares a general emergency," Mannix wrote.

    The Court explained that the legislature enacted ORS 433.441 to 433.452 to give the Governor the option of declaring a public health emergency as an alternative to declaring a state of emergency under ORS chapter 401. ORS 433.441(1) authorizes the Governor to proclaim a state of public health emergency. Such a proclamation gives rise to lesser emergency powers than a declaration of a state of emergency pursuant to ORS

    401.165 and is subject to the 28-day time limit under ORS 433.441(5). But, by its terms, that time limit applies only to "[a] proclamation of a state of public health emergency." Moreover, the Court explained, related statutes and the legislative history of the time limit show that the legislature did not intend the time limit to affect the duration of, or the Governor's powers during, a state of emergency declared pursuant to ORS 401.165. Therefore, the Court held, the circuit court had erred in concluding that the Governor's executive orders were subject to the time limit under ORS 433.441(5).

    In addition, the Court confirmed that the circuit court had correctly rejected plaintiffs' alternative theory for invalidating the Governor's executive orders -- that the state of emergency that had been declared necessarily was subject to the time limit on a "catastrophic disaster" declared under Article X-A of the Oregon Constitution. Finally, the Court noted that it would not address issues pertaining to plaintiffs' constitutionally protected religious freedoms. It explained that plaintiffs had requested the preliminary injunction based on their claim that the Governor's orders had expired -- as evidenced by the fact that they sought to enjoin all of the orders, not just those that they identified as affecting their religious liberties -- and that was the claim on which the circuit court granted the preliminary injunction.

    Accordingly, the Court determined that the circuit court had erred when it granted the requested preliminary injunction on the theory that the Governor's executive orders were subject to the statutory time limit set out in ORS 433.411(5). In light of that error, the Court concluded that the preliminary injunction must be vacated, and it ordered the immediate issuance of a peremptory writ of mandamus to that effect.
    More at: https://ktvz.com/news/coronavirus/20...ernors-orders/
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  25. #22
    Oh lookie. Almost a month later, restrictions still in place pending further legal wrangling. And notice the focus of the dispute is whether or not the Governor can strip you of your rights for only 28 days or longer when an "emergency is declared, not that no official can ever justly strip you of your rights if you haven't violated the rights of others. So plenty of "legal" wiggle room there.

    Quote Originally Posted by CCTelander View Post
    If only people would stop waiting for some official to give them permission to be "free," act like free people and just resist and defy. Especially "liberty advocates" who are supposed to be supporting and encouraging actual freedom.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  26. #23
    Quote Originally Posted by CCTelander View Post
    Oh lookie. Almost a month later, restrictions still in place pending further legal wrangling. And notice the focus of the dispute is whether or not the Governor can strip you of your rights for only 28 days or longer when an "emergency is declared, not that no official can ever justly strip you of your rights if you haven't violated the rights of others. So plenty of "legal" wiggle room there.
    It is possible to pursue multiple lines of attack, there is civil disobedience going on too and this case is not over, it now will turn on the Constitutional rights issues.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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