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Dipshit theatre: Red Governors reject masking orders

Discussion in 'BBS Hangout: Debate & Discussion' started by Invisible Fan, Nov 14, 2020.

  1. Invisible Fan

    Invisible Fan Member

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    They'll rebrand it to pull the strings of pearl clutching whites.

    The Heartland Epidemic gripping middle Murca!! Do somethin Washington!!! Real people dying!!! McConnell ready and willing to sign a bill... That means somethin!!!
     
    No Worries likes this.
  2. Kim

    Kim Member

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    I'm not a Con Law scholar (just a hobby) and I'm sure Legislative Attorney Wen Shen knows much more than I about legal authority. That said, I disagree with his assessment on legal and practical grounds. He's also using words like "could potentially form the basis" in his research article - weak.

    1) A lot of things "could potentially form" the legal justification for executive power - doesn't make it legal or right in the long run (see internment camps for Japanese-Americans).

    2) A national mask mandate given by some broad flexible interpretation of power to the Secretary of HHS certainly carries less weight than an executive order. Even so, states that don't want to enforce such an order certainly won't, and the current SCOTUS is going to side with the states that defy it.
    see: NY v US 1992, Prince v US 1997, Murphy v NCAA 2018
    In fact, I could see this court deeming a national mask order unconsitutional, Ex parte Milligan style down the road.

    3) States have had historic (like from the colonial days and their public health powers weren't challenged) legal authority and automny in dealing in this type of law. And when those legal challenges arose, SCOTUS only reaffirmed states' powers (1824 Gibbons v Ogden, 1902 Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health, 1905 Jacobson vs Massachusetts)

    The only times the federal government would get involved would be for interstate travel and dealing with the waterways (like the 1890 interstate quarantine act or1880 Morgan Steamship case), and then later in a supportive role of state actions. Only federal quarantine lately is the people flying back from Wuhan - using 2017 revised CDC quarantine authority.

    4) In theory, the president's executive order or as in the article's suggestion, the Secretary of HHS' order, or Congress' Act (unlikely in the modern congress) could mandate masks. In practice, how would that even work from an enforcement level? Call up the National Guard of every state to police the streets to see if people are wearing their masks when they go shopping?

    In sum a national mask order is not practical, will be challenged (anti-commandeering grounds) by states that don't want it...it just won't work.
     
  3. biina

    biina Member

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    I will settle for quarantining those states that arent taking the recommended steps to curb the spread.

    If you want to be stupid, keep it within your own state
     
    Kim and No Worries like this.
  4. arkoe

    arkoe (ง'̀-'́)ง

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    It's too late in my opinion, the damage against the value of wearing a mask has already been done. If you're not wearing a mask at this point you're not going to, regardless of governmental orders.

    Was walking back to my apartment yesterday, run into a couple not wearing masks waiting on the elevator. Turn, take the other way come around the corner and see a chin diaper talking on the phone coming towards me. Turn back around go back the other way, get about back to the elevator hear it ding and find earlier said couple coming back out. Turn back around, get back to where I saw chin diaper phone talker and as I cross into a darker section of the hallway realize there's another chin diaper trying to pull her mask up before I pass her, which she falls to do.

    Sorry for the unnecessary story but it just irks me to no end. I hadn't minded living in an apartment complex but doing so in a pandemic has made me reconsider.
     
  5. rocketsjudoka

    rocketsjudoka Member

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    This is one of those post I feel weird liking but I think you're spot on. I think we need a national mask mandate but I don't think one can be enforced and likely wouldn't survive court challenges.
     
  6. Astrodome

    Astrodome Member

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    I try to wash my 3 gaiters every weekend. Then they will last me the whole week.
     

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