Law firm, local businesses file lawsuit against Ige over Covid emergency orders (attorneys, authority)

[whtviper1]

Finally a lawsuit regarding quarantine.

I believe none of the lawsuits have prevailed on the mainland except Wisconsin - essentially they prevailed by showing that Wisconsin law did not grant the necessary emergency powers to the Governor.

Very low odds but hoping they prevail. They've filed in Federal court which the sitting judges are very liberal and the appeals court is just as liberal. Feds may dismiss it outright - kick it to State court where it will sit forever - or hear it out.

https://www.bizjournals.com/pacific/...ainst-ige.html

The primary claim in the suit and the motion for a temporary restraining order is that extensions of Ige's emergency order violate both the United States and Hawaii state constitutions.

“The governor has the authority to declare an emergency and make rules regarding the emergency on the grounds that it can be difficult to quickly assemble the Legislature to respond to an emergency, but that authority expires after 60 days," said Marc J. Victor, with Attorneys For Freedom, during a press conference Wednesday. "From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”

The lawsuit includes additional allegations, including that the self-quarantine rules place an unconstitutional, undue burden on interstate travel, and that citizens have been exposed to criminal liability under rules that are "unconstitutionally vague."

[prospectheightsresident]

From the looks of it, it seems like the state law claims are stronger than the federal claims.

Note, certain emergency order restrictions in Kentucky were also struck down by federal courts on First Amendment (religious freedom) grounds, but the US Supreme Court upheld a similar restriction in California.

[rya96797]

if this is the 9th circus court, not likely to prevail.

[whtviper1]

Originally Posted by rya96797

if this is the 9th circus court, not likely to prevail.

Nobody has prevailed in federal court. Even in conservative courts

[prospectheightsresident]

Originally Posted by whtviper1

Nobody has prevailed in federal court. Even in conservative courts

They have, but not on an overall emergency order, but rather aspects of an order.

[TimTheEnchanter]

Originally Posted by whtviper1

“The governor has the authority to declare an emergency and make rules regarding the emergency on the grounds that it can be difficult to quickly assemble the Legislature to respond to an emergency, but that authority expires after 60 days," said Marc J. Victor, with Attorneys For Freedom, during a press conference Wednesday. "From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”

I've been saying that ever since we hit Day 60. The state law is unambiguous. States of Emergency expire at 60 days automatically.

Originally Posted by whtviper1

The lawsuit includes additional allegations, including that the self-quarantine rules place an unconstitutional, undue burden on interstate travel, and that citizens have been exposed to criminal liability under rules that are "unconstitutionally vague."

This is on shakier ground I think. While I deeply oppose the 14 day quarantine, I think as a society we'd be better off if they just tasered repeatedly the people stupid enough to Instagram their breaking the rules.

[terracore]

Under "health laws" Mary Mallon aka "Typhoid Mary" spent over 30 years in confinement. That was in the early 1900's.

It seems to me that government overreach has got worse, not better, since then.

[whtviper1]

It is more expensive to file in federal court - although they probably thought state court is a dead end. I see this going nowhere but one can hope.

[rya96797]

Originally Posted by whtviper1

It is more expensive to file in federal court - although they probably thought state court is a dead end. I see this going nowhere but one can hope.

While we're going for the long shots, can I hope ige gets impeached? Greenie boy seems to at least have some common sense.

[Jungjohann]

Originally Posted by TimTheEnchanter

I've been saying that ever since we hit Day 60. The state law is unambiguous. States of Emergency expire at 60 days automatically.


This is on shakier ground I think. While I deeply oppose the 14 day quarantine, I think as a society we'd be better off if they just tasered repeatedly the people stupid enough to Instagram their breaking the rules.

So what do you do? Just open everything up? Let her 'rip'? No quarantine, no social distancing, no masks, just pretend it's not happening?

Might want to work on your grammar.