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Oregon judge halts statewide coronavirus restrictions
The Hill ^ | 05 18 2020 | John Kruzel

Posted on 05/18/2020 2:52:38 PM PDT by yesthatjallen

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 Matthew 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.

In lifting the restrictions, Shirtcliff said the church groups challenging the orders were likely to win a final ruling on the merits. Their initial showing persuaded him that the health orders’ harms to religious and economic freedom outweigh public safety.

“The public interest is furthered by allowing people to fully exercise their right to worship and conduct their business,” Shirtcliff wrote. “Additionally, the utilization of social distancing protocols without additional restrictions is in the public interest to restore individual liberties and the ability to restore economic viability in our communities.”

Brown fired back on Twitter, calling it “irresponsible to dismiss the health risks and science behind our measures.”

“The science behind my executive orders hasn’t changed: today’s ruling from the Baker County Circuit Court will be appealed to the Oregon Supreme Court within hours to keep my emergency orders in effect, ensuring we can continue to safeguard the health of all Oregonians,” she said.

SNIP

(Excerpt) Read more at thehill.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Oregon
KEYWORDS: 1stamendment; firstamendment; freedomofassembly; freedomofreligion; judiciary; katebrown; lockdown; oregon
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To: Rio
Article 10 A of the Oregon Constitution requires the Governor get a 3/5th approval of the entire Legislature to extend any declared emergency beyond 30 days. Gov. Brown extended the current state of emergency until July 6 without approval from the Oregon Legislature

Our feckless legislature here in Pennsylvania finally is taking this tack also. In a few hours the State House and Senate could have everyone immediately at Green Level of openess and end this horsesh*t. Wolf can file injunctions all day with the court but they will not side with him . He overstepped and overstepped for too long at the behest of the degenerate tyranny. You work for us Cue-Ball. The libs on the Post Gazette website are freaking their Hitler maybe be neutered soon and their fake paramedic restrictions will end. This seems to be gaining momentum nationwide as the populace is about sick of being toyed with by the 50 little dictators and their fake science medical directors.

I predict even California will be all open within 6 weeks as the USSC rules that they have overstepped their authority and the supremacy clause allows or Trump to overrule them.

Then watch the chaos as Karen and Chads all over shriek.."But you are getting people sick..close down those stores, get back in your homes...."

21 posted on 05/18/2020 3:17:22 PM PDT by pburgh01 (It's the FLU!)
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To: pburgh01
Then watch the chaos as Karen and Chads all over shriek.."But you are getting people sick..close down those stores, get back in your homes...."

I tell the Karens and Chads to go hibernate themselves.

And they can stay in hibernation for the rest of their miserable existence but don't expect the rest of us to support and subsidize their "lifestyle".

22 posted on 05/18/2020 3:20:20 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: Extremely Extreme Extremist

https://www.oregonlaws.org/ors/433.441

The statute is clear.

The legislature can take the power away, but the governor has it upon declaration per the statute.


23 posted on 05/18/2020 3:21:38 PM PDT by Mariner (War Criminal #18)
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To: freedomlover

Believe the science, as long as it’s OUR science.

***************

And follow OUR laws.


24 posted on 05/18/2020 3:24:31 PM PDT by Starboard
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To: yesthatjallen

I’m 100% convinced these blue state governors are all brain damaged neurotic power mad morons. Their thought process is irreparably broken.

If they can’t think straight, reason AT ALL, or even listen to wiser people (aka all conservatives) then what good are they?

I really believe this country’s citizens either wise up and vote right or something will happen that won’t be pleasant for anyone. Vote out every single loser dem pol so this listing ship can be righted.


25 posted on 05/18/2020 3:27:47 PM PDT by Boomer ('Democrat' is now synonymous with 'corrupt')
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To: yesthatjallen
Brown fired back on Twitter, calling it “irresponsible to dismiss the health risks and science behind our measures.”

How DARE you criticize the Judiciary!

26 posted on 05/18/2020 3:29:00 PM PDT by map
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To: Salvation

Yippie!!!
Hope it holds


27 posted on 05/18/2020 3:34:34 PM PDT by Zathras
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To: yesthatjallen

So sick of safetyism and the Karens in power that inflict it on everyone.


28 posted on 05/18/2020 3:37:46 PM PDT by Lizavetta
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To: bjglad12

She’s bi, that’s why


29 posted on 05/18/2020 3:38:52 PM PDT by goodnesswins (Anyone tired of the Chinese Fire Drill (tm) yet???)
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To: Extremely Extreme Extremist

Of course she is taking this directly to the Oregon SC where every Judge is a leftist rat. expect a stay by tomorrow morning.


30 posted on 05/18/2020 3:41:11 PM PDT by gibsonguy
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To: V V Camp Enari 67-68

What about this story:

Trump hails leader of ‘liberate NY’ rally

in today’s NY Post?

If he thinks it’s great to oppose his own health officials, then fine, then all bets are off. I’ve been beating my brains out telling these people to take off the selfish hat and then Trump says “Great Rally and fantastic job”?


31 posted on 05/18/2020 3:49:14 PM PDT by firebrand
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To: Extremely Extreme Extremist

And the way it should be. I understand that under a public health emergency, government, or at least the health officials have great leeway.

But, there needs to be a check and balance with these Emergency Orders. Evidently, in Oregon, the Legislature provides that role. If churches are allowed to open (with mitigation perhaps), then what about other mass gatherings like Fairs and Festivals?


32 posted on 05/18/2020 3:49:52 PM PDT by abigkahuna (How can you be at two places at once when you are nowhere at all?)
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To: Rio
Article 10 A of the Oregon Constitution requires the Governor get a 3/5th approval of the entire Legislature to extend any declared emergency beyond 30 days.

While that was part of the lawsuit, the Judge held that she was not required to invoke that part of the Oregon Constitution, and in her original Executive Order did not cite it, instead relied on the older, weaker "State of Emergency" and "Public Health Emergency" laws.

And so, he said you are bound by the limits of the law you cited. Under a declared Public Health Emergency the Governor can declare that and take exceptional powers for 14 days and they can extend it only once, for another 14 days, so 28 total.

The original decree was March 7. We're at day 41 of PubliC Health EmerState Times up! And it's been up for a while, so her continuing executive orders are Null and Void.

Here's an earlier article on this (from the local paper) that, if you click through to the Baker City Herald site, will allow you to see the actual 6 page decision by the Judge.

Free Republick: Baker County Judge overturns Governor's coronavirus executive orders

33 posted on 05/18/2020 3:57:37 PM PDT by Jack Black
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To: Mariner

If I read it correctly (I’m not a lawyer so there is that . . ) it is limited to 28 days — 14d +14d


34 posted on 05/18/2020 3:58:49 PM PDT by SoCalCynic
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To: Mariner

Oregon’s statute limits it to 28 days unless extended by the legislature and Brown has not sought their approval for her 60 and 90 day extensions.

The dems own the legislature but it appears she doesn’t have this vote locked down or she would have called them in to vote on it.

They didn’t argue the science, they argued the law and Kate Brown is not following the law.


35 posted on 05/18/2020 4:00:53 PM PDT by Valpal1
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To: max americana

36 posted on 05/18/2020 4:01:25 PM PDT by Eddie01
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To: SoCalCynic

” it is limited to 28 days — 14d +14d”

Perhaps.

But the point of contention will be just how many 14d extensions the governor may have.

That part of the statute is not clear, as it does not proscribe extensions beyond 28 days, and does not specifically refer the governor to the legislature after that 28 days.

I wonder if the OR legislature has interceded..,?


37 posted on 05/18/2020 4:02:58 PM PDT by Mariner (War Criminal #18)
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To: Mariner

point


38 posted on 05/18/2020 4:03:59 PM PDT by SoCalCynic
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To: Salvation

https://www.youtube.com/watch?v=kyAbzgc4Dks


39 posted on 05/18/2020 4:20:56 PM PDT by HippyLoggerBiker (Always carry a flagon of whiskey in case of snakebite and furthermore always carry a small snake.)
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To: yesthatjallen
IIRC, the Oregon was the state that blazed the trail for legalizing assisted suicides. Now the same leftists are fighting for unprecedented control over people's freedom's in the name of "saving just one life."

These people have no compass, no consistency.

40 posted on 05/18/2020 4:24:32 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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