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elleng

(131,158 posts)
Wed Apr 22, 2020, 02:36 PM Apr 2020

For info:

The Supreme Court has already ruled it's within the states' authority to use its police powers to protect public health and safety in this way, "In every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand." Jacobson v. Massachusetts, 197 U.S. 11.

(Re: Barr's suggestion, 'stay at home sounds like house arrest.')

Court upheld the authority of states to enforce compulsory vaccination laws. https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts

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For info: (Original Post) elleng Apr 2020 OP
K&R SheltieLover Apr 2020 #1
You're welcome, and further: elleng Apr 2020 #2
TY! SheltieLover Apr 2020 #3
True enough, but we do have governors (thank goodness.) elleng Apr 2020 #4
True! 😁👍 SheltieLover Apr 2020 #5
K&R for the post and the discussion. crickets Apr 2020 #6
Donnie's lawyers have a history of sending out.... paleotn Apr 2020 #7
Probably. elleng Apr 2020 #8
It's for intimidation purposes. If he can make you think you're in for misery, calimary Apr 2020 #9
Only works on those less sophisticated than Democratic governors. paleotn Apr 2020 #10

elleng

(131,158 posts)
2. You're welcome, and further:
Wed Apr 22, 2020, 02:46 PM
Apr 2020

since it's an old case (1905), the follow up is Workman v. Mingo Cty. Bd. of Educ., 419 F. App'x 348 (4th Cir. 2011) that confirms Jacobson is still good law, "Workman argues that Jacobson [v. Mass.] dealt only with the outbreak of an epidemic, and in any event should be overruled as it 'set forth an unconstitutional holding.'... Workman's attempt to confine Jacobson [v. Mass.] to its facts is unavailing. As noted by one district court, '[t]he Supreme Court did not limit its holding in Jacobson to diseases presenting a clear and present danger.'... Additionally, we reject Workman's request that we overrule Jacobson [v. Mass.] because we are bound by the precedents of our Supreme Court."

SheltieLover

(57,073 posts)
3. TY!
Wed Apr 22, 2020, 02:51 PM
Apr 2020

Sadly, none of this means a thing when our so-called leader is engaging in negligent genocide among many other felonies and no one has the authority to imprison him & his coconspirators. 🤬

SheltieLover

(57,073 posts)
5. True! 😁👍
Wed Apr 22, 2020, 02:57 PM
Apr 2020

Well, some states have functional governors. Not here in TN. But we have excellent Dem leaders in Memphis & Shelby County.

paleotn

(17,989 posts)
7. Donnie's lawyers have a history of sending out....
Wed Apr 22, 2020, 05:46 PM
Apr 2020

cease and desist letters, with absolutely no legal backing behind them. Barr's bullshit is just another case of the same.

calimary

(81,514 posts)
9. It's for intimidation purposes. If he can make you think you're in for misery,
Wed Apr 22, 2020, 06:09 PM
Apr 2020

he knows he can win most of his cases because that tactic will simply scare off any prospective plaintiffs, and they'll drop their lawsuits. And proverbially-speaking, "without firing a shot." He likes it to go nice 'n' easy so he doesn't have to pay big legal bills because he's essentially a lazy-ass who doesn't want to have to work too hard. Gaming the system allows him to "make stuff happen" and "get stuff done" without working up a sweat. Maybe that makes him feel like some big Superman-type who can boast "I alone can fix it."



paleotn

(17,989 posts)
10. Only works on those less sophisticated than Democratic governors.
Wed Apr 22, 2020, 06:50 PM
Apr 2020

If I were them, I'd welcome his legal action. I doubt seriously Barr would even go that far.

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