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Kevin D. Koeninger
@kkoeninger44
BREAKING: Ky SC unanimously finds governor Andy Beshear's Covid-19 restrictions constitutional, says a Boone County judge improperly granted injunctive relief.
Full write up coming for @CourthouseNews
liberal_mama
(1,495 posts)He saved a lot of lives in Kentucky.
Bayard
(22,005 posts)He was on top of this until rethug's started undermining control. We did have one of the lowest rates in the country.
There is a statewide mask requirement, and even though you don't see much non-compliance, its not being enforced on the hold outs.
albacore
(2,398 posts)I have the below stuff ready to copy-and-paste every time I see anything about people saying that states can't do things to control a pandemic.
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It's pretty clear that the state can vaccinate you. Or whatever. People may not like it, but some 7-2 SCOTUS decisions say they can.
From Heritage Institute
very conservative.
"...States may also take more drastic measures, such as requiring citizens to be tested or vaccinated, even against their will. In Jacobson v. Massachusetts (1905), the Supreme Court considered a challenge to a state law requiring everyone to be vaccinated against smallpox. Henning Jacobson refused vaccination and was convicted. The court upheld the law and Jacobsons conviction.
The Constitution, Justice John Marshall Harlan wrote for a 7-2 majority, does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. Instead, a community has the right to protect itself against an epidemic. Its members 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.
States also have the power, beyond criminal law enforcement, to make quarantine and isolation effective. If presented with widespread noncompliance, governors may call National Guard units to put their orders into force, to safeguard state property and infrastructure, and to maintain the peace. In some states, individuals who violate emergency orders can be detained without charge and held in isolation...."
https://www.heritage.org/the-constitution/commentary/constitutional-guide-emergency-powers?fbclid=IwAR3lBfsiVKa8QODeylueITT1u2e-PRmPXvqrkopQInNON3ylpDp675yTrhk
"States have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states have laws to enforce the use of isolation and quarantine.
These laws can vary from state to state and can be specific or broad. In some states, local health authorities implement state law. In most states, breaking a quarantine order is a criminal misdemeanor.
The Public Health Service Act of 1944 clearly established the federal governments quarantine authority for the first time. The act gave the U.S. Public Health Service (PHS) responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the United States."
"Police powers were reserved in the federal constitution for states use when needed for the preservation of the common good. When applied, they allow states to pass and enforce isolation and quarantine, health, and inspections laws to interrupt or prevent the spread of disease. See Medtronic, Inc. v. Lohr, 518 U.S. 470, 475 (1996) ("Throughout our history the several states have exercised their police powers to protect the health and safety of their citizens. Because these are primarily, and historically, matters of local concern, the states traditionally have had great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons."; Blacks Law Dictionary 1196 (Ernst Freund, The Police Power: Public Policy and Constitutional Rights iii, 3 (1904). The police power supports the authority of a state to enact and enforce health laws of every description. Jacobson, supra, 197 U.S. at 25."
https://www.ncsl.org/research/health/public-health-chart.aspx?fbclid=IwAR01W8TbsmrgLiOVOB4QyRYvmhT6UBGacmn1XuHaRfVevc7eQZANZZ2M9j0
crickets
(25,952 posts)struggle4progress
(118,224 posts)good night!
gratuitous
(82,849 posts)You mean a state's governor actually has some authority and power even when it's a Democrat?! What judicial sorcery is this?