'Null and void': Baker County judge tosses out Oregon Gov. Brown's coronavirus restrictions.
Brown said she would immediately appeal the ruling to the state Supreme Court to try to keep the emergency orders in effect.
SALEM, Ore. — A judge in rural Oregon on Monday tossed out statewide coronavirus restrictions imposed by Democratic Gov. Kate Brown, saying she didn’t seek the Legislature's approval to extend the stay-at-home orders beyond a 28-day limit. Baker County Circuit Judge Matthew Shirtcliff issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state's social-distancing directives were unconstitutional
Brown said she would immediately seek an emergency review by the Oregon Supreme Court. Her attorneys asked the judge to stay his ruling until the high court could review the case, but he declined.
In a statement, Brown said: “The science behind these executive orders hasn’t changed one bit. Ongoing physical distancing, staying home as much as possible, and wearing face coverings will save lives across Oregon."
In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.
“The governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship,” he wrote.
Similar actions have occurred in other states.
The Wisconsin Supreme Court struck down Gov. Tony Evers’ coronavirus stay-at-home order last Wednesday, ruling that his administration overstepped its authority when it extended it for another month without consulting legislators.
Democrats: Trump didn't respect the rule of law (tm)
Also Democrats: pah, state constitutions and laws. Our blue governors can indefinitely maintain states of emergency without legally required legislative Approval beyond an initial period. Damn the law!!!
In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus.
That is outside the pervue of a judge. All the judge should be looking at is whether or not the order was legal, not whether the order is a good idea. The order should be struck down because the Gov had no right to issue it according to Oregon laws and Constitution.
Brown said she would immediately appeal the ruling to the state Supreme Court to try to keep the emergency orders in effect.
SALEM, Ore. — A judge in rural Oregon on Monday tossed out statewide coronavirus restrictions imposed by Democratic Gov. Kate Brown, saying she didn’t seek the Legislature's approval to extend the stay-at-home orders beyond a 28-day limit.
Baker County Circuit Judge Matthew Shirtcliff issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state's social-distancing directives were unconstitutional
Brown said she would immediately seek an emergency review by the Oregon Supreme Court. Her attorneys asked the judge to stay his ruling until the high court could review the case, but he declined.
In a statement, Brown said: “The science behind these executive orders hasn’t changed one bit. Ongoing physical distancing, staying home as much as possible, and wearing face coverings will save lives across Oregon."
In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.
“The governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship,” he wrote.
Similar actions have occurred in other states.
The Wisconsin Supreme Court struck down Gov. Tony Evers’ coronavirus stay-at-home order last Wednesday, ruling that his administration overstepped its authority when it extended it for another month without consulting legislators.
https://www.kgw.com/article/news/health/coronavirus/oregon-coronavirus-restrictions-tossed-judge-baker-county-churches/283-57dbca64-5c0c-47d7-a2c1-01d51c644868