Case #2020AP765-OA
Posted on 05/05/2020 8:42:58 PM PDT by Brown Deer
The Wisconsin Supreme Court on Tuesday heard oral arguments in a lawsuit brought by Republicans in the state legislature who claim that State Health Secretary Andrea Palm exceeded her authority in ordering “non-essential” businesses to close in response to the COVID-19 pandemic. As the arguments unfolded via video conference, several on the court’s conservative majority appeared skeptical of the order’s legality. Among them was Justice Rebecca Bradley, a staunch conservative and Federalist Society member.
Bradley referred to the order as “tyranny” and later compared it to the internment of Japanese Americans in camps during World War II.
Though Wisconsin Supreme Court justices run for office in nonpartisan elections, Bradley is a former president of the Republican National Lawyers Association.
Approximately 10 seconds after Assistant Attorney General Colin T. Roth began his argument in defense of the administration’s order, Bradley interjected to read him Article 1, Section 1 of the Wisconsin Constitution pertaining to citizens’ inherent rights and the government’s power being derived from “the consent of the governed,” as a preface to her first question.
“My question for you is, where in the Constitution did the people of Wisconsin confer authority on a single unelected cabinet secretary to compel almost six million people to stay at home and close their businesses and face imprisonment if they don’t comply — with no input from the legislature — without the consent of the people,” she said. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities? Where does the Constitution say that’s permissible counsel?”
(Excerpt) Read more at lawandcrime.com ...
Don’t get too excited, she is virtually alone in her thinking on that court.
Yes!!
Love that the WI SC is standing up to this, and to the plastic-face witch.
Ping.
Pense?
... But the judge is right that the order is wrong.
Right, the stay at home order is far worse than the Japanese interment. Far wider impact and more devastating to the entire population of WI.
She is alone. I talked to a person who was at the Supreme Court today and he said it looks bad. The Court is going to grant unchecked power to Leftist Andrea Palm a Fake Doctor posing as the Wisconsin Health Commissioner. Palm has already ordered towns to cancel their 4th off July Celebrations.
Wisconsin is in for some very bad times.
Not stupid at all. This creep SoS took everything that many people had away from them. Same thing.
When this thing first came to light, I could agree with some of the caution. But, it quickly became apparent that Fauci, Birx and the modelers they were depending on, were are wrong as any group of people could be.
Have folks died as a result of this chaos? Yes. From Covid19? Who the hell knows. From something else? Who the hell knows.
Anymore than then “regular flu” that we experience every year and toss a dart at a board in deciding what vaccine to use in the hopes of preventing deaths? Even the CDC is quietly coming out with numbers that will show this thing isn’t/wasn’t nearly as deadly as the aforementioned said it is/was.
Have folks died due to being mistreated, lack of treatment, Governors ordering nursing homes to take sick patients or Governors outlawing life saving treatments? Time will tell if a real investigation is done. But I think that will be a more accurate description of what has happened.
Have doctors that have gone against the status quo been muzzled, taken off Youtube and been told to STFU? Yessirree Bob.
Hospitals laying off staff and on their last breaths. Small businesses never coming back. Folks that have poured their life into something.....gone...because of Fauci, Birx, Gates, Pelosi and the Left. And not one gives a damn about it.
Interesting that the Corona Virus won’t effect at the stores and businesses that out elected officials deemed “essential” but would/will effect you at pretty much every small business in the USA. Pretty smart virus, I guess. Hell, where I live, with as much business as the local Kroger has been doing, one would think that every employee would be a goner from the Corona virus. Still up and running with no issues....Amazing, I tell ya.
Where I live, a local golf course was deemed “essential”. Great news for me and a friend to get away from it all for a few hours, once a week. But, the course is privately owned. And one of the owners is on the County Commission. So, I guess she had her business deemed “essential”, when the local barbershop has been closed....Amazing, I tell ya.
At the end of the day, the only way to prevent such things from happening again it to hold folks accountable with a rope and a tree/lamppost. Hate that it has to come to that, in this great nation, but if that time isn’t here, it’s getting very, very close.
Only if the people allow it. Pure and simple.
Bradley then clarified that she was asking about the constitutional limits to the Secretary’s power under the statute.
Your ignorance is showing...
And my in-laws were in internment camps - one at Manzanar in California, the other at Poston in Arizona.
They were allowed to only take what they could physically carry on board the transport trains.
Everything else was left for theft and squatters.
The barracks they were placed in, behind the barbed-wire fences, were made of thin plywood - one room to a family with a single bar bulb.
Beds were burlap bags stuffed with straw.
They each got $20 after the war and were told to go make a new life.
There's lots more - I just covered the surface for sake of time.
By the way, both of my in-laws were born in Los Angeles. They were Americans.
As I said - it's a stupid comparison.
Your ignorance is showing...
And my in-laws were in internment camps - one at Manzanar in California, the other at Poston in Arizona.
They were allowed to only take what they could physically carry on board the transport trains.
Everything else was left for theft and squatters.
The barracks they were placed in, behind the barbed-wire fences, were made of thin plywood - one room to a family with a single bar bulb.
Beds were burlap bags stuffed with straw.
They each got $20 after the war and were told to go make a new life.
There's lots more - I just covered the surface for sake of time.
By the way, both of my in-laws were born in Los Angeles. They were Americans.
As I said - it's a stupid comparison.
President Trump, hope you put her on the short list of judges for the Supreme Court.
You better hope China doesn’t start a war with USA, it will be Chinese-Americans all over again. I am sure the support for this will be the same as in the war with Japan.
There were 127,00 Japanese-Americans involved mainly from the West Coast along with 10,000 German and Italian Americans. 62% of the Japanese were US citizens. 30,000 of them were children.
Living conditions were problematic. There were educational facilities and organized sports, but very spartan and demeaning conditions. It was a disgraceful episode in our history. Reparations were paid out, about 20K per person, far from covering what they went thru. There was an FDR Executive Order that was challenged in court and SCOTUS upheld the EO. So at least there was some legal patina for the action.
The house arrest in WI affected 8 million people. The Governor issued an edict not approved by the legislature or the courts. Schools
and businesses were shut down. Freedom of movement and assembly were curtailed including holding religious services. In terms of civil liberties the shutdown could be considered more restrictive than inside the relocation camps.
If you read the article, the judge was making the point that like what happened with FDR and the treatment of the Japanese and others, the shutdown was a hastily put together action that failed to consider the impact on our Constitutional rights. It was wrong then and it is wrong now.
Absolutely. No questions.
However, in drawing the comparison, one needs to be careful not to equate the level of damage suffered currently, to the level of damage suffered under E.O. 9066. It's apples and oranges.
They need to tell Democrats to pound sand when they bring this shit up. They and their media pigs go from anthill to anthill while Republicans cower.
Only if the people allow it. Pure and simple.
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Too late. The election of former do-nothing, go-along-to-get-along, radical leftist, State School Superintendent Tony Evers, aka Skelator, sealed the deal. The first words out of his mouth were that he reused to follow Wisconsin law and would not abide by the State Constitution, to which he has now found a loophole to keep the state locked down until it goes bankrupt, the radical leftist wet dream here.
The “people” mostly college students voting multiple times in Dane and Milwaukee counties made it so.
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