Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional

[Brian4Liberty]

Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional
Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV
Christian Britschgi | 9.14.2020

A federal judge on Monday has ruled that lockdown restrictions imposed by Pennsylvania Gov. Tom Wolf (D), including a ban on large gatherings and the closure of "non-life sustaining businesses," are unconstitutional.

While those restrictions were "well-intentioned," wrote U.S. District Judge William Stickman IV, "good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable and the intent is good—especially in time of emergency."

In May, Wolf and Pennsylvania Department of Health Secretary Rachel Levine were sued by a coalition of counties, federal and state elected representatives, and several small businesses over the state's coronavirus restrictions. The restrictions included a shelter-in-place order requiring people to stay in their homes, a closure of all "non-life-sustaining" businesses, and bans on gatherings of more than 25 people indoors, or 250 people for outdoor gatherings.

The plaintiffs collectively argued that the governor's restrictions on gatherings violated the First Amendment's protections of free speech and assembly. The shelter-in-place order and closure of businesses, they contended, were a violation of their rights to substantive due process under the 14th Amendment.

Wolf's lawyers had argued that the restrictions on gatherings and business openings were well within his powers to respond to a public health emergency.
...
Stickman similarly ruled that Wolf's order closing non-life sustaining businesses was also overly broad and arbitrary, and deprived Pennsylvanians of their right to earn a living under the 14th Amendment. Stickman also wrote that population-wide lockdowns are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional."
...
More: https://reason.com/2020/09/14/federa...onstitutional/

[DiverseSegregation]

Most everything imposed in the last year has been unconstitutional.

[oyarde]

yep , seven months later

[Anti Globalist]

Only complete retards would think that everything thats been done so far was constitutional.

[DiverseSegregation]

Only complete retards would think that everything thats been done so far was constitutional.

People on the right side of the constitution will be on the wrong side of the law.

[familydog]

The Pennsylvania Supreme Court declared that Wolf's actions did not violate the Pennsylvania Constitution.

The federal judge declared Wolf's actions violated the US Constitution.

Why does the federal judiciary hold supremacy when the two constitutions allegedly conflict?

[DiverseSegregation]

The Pennsylvania Supreme Court declared that Wolf's actions did not violate the Pennsylvania Constitution.

The federal judge declared Wolf's actions violated the US Constitution.

Why does the federal judiciary hold supremacy when the two constitutions allegedly conflict?

The more confusing they make the law, the more likely you are to not be able to defend yourself and the more necessary lawyers become.

[osan]

Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV
Christian Britschgi | 9.14.2020

Why do so many judges screw up their opinions/decisions with qualifying bull$#@! like this? Scalia did it in Heller. There are countless other examples of this stoogery.

Why are they so bent on leaving semantic loopholes so that down the road some $#@! is able to interpret away the rights the ruling is supposed to protect and guarantee?

Verily I say the race of men makes a huge steaming pile of dog shyte look appealing by comparison.

[osan]

The Pennsylvania Supreme Court declared that Wolf's actions did not violate the Pennsylvania Constitution.

The federal judge declared Wolf's actions violated the US Constitution.

Why does the federal judiciary hold supremacy when the two constitutions allegedly conflict?

And here we see why we never should have skipped out on the Articles of Confederation. Moreso, the human race should never have walked away from anarchy.

Are the advantages of superorganization worth the costs? I remain to be convinced.

[2young2vote]

"argued that the restrictions on gatherings and business openings were well within his powers"

No governor sat back and said "should I even have this power in the first place?" Petty dictators.

[Brian4Liberty]

https://www.youtube.com/watch?v=WgEAU9OxeaA

[Swordsmyth]

Thank Trump for appointing this judge.

[Swordsmyth]

And here we see why we never should have skipped out on the Articles of Confederation. Moreso, the human race should never have walked away from anarchy.

Are the advantages of superorganization worth the costs? I remain to be convinced.

The problem is that the bad guys will always create superorganization and the only way to protect yourself is to make your own.

[Swordsmyth]

"argued that the restrictions on gatherings and business openings were well within his powers"

No governor sat back and said "should I even have this power in the first place?" Petty dictators.

Noem did.

[dude58677]

I live in PA. This guy Wolf would say
that reopening would be April 6 and then April 3 would arrive and he would say the reopening is on April 30 instead of seeing what would happen the final 3 days of the deadline.

[osan]

The problem is that the bad guys will always create superorganization and the only way to protect yourself is to make your own.

Lowest denominator dictates reality.

Rotten humanity.