Missouri court rules covid mandates and restrictions imposed by ''the whims of public bureaucrats" illegal

[Natural Citizen]

I dunno if this is already posted or not. I haven't been around in a while and likely not gonna hang around long anyway, but I didn't see anything, so shared here in the relevant sub forum for discussion. Not inerested in debating it. In fact there is no reasonable argument against the ruling anyway. So just sharing.


Anyway...

The Circuit Court of Cole County, Missouri, Judge Daniel R. Green presiding, has issued a sweeping judgement against Covid restrictions and mandates imposed by the Department of Health and Senior Services, November 22, 2021. Cole County is located in the center of the state and its largest city is Jefferson City, the state capital.

The decision begins: “This case is about whether Missouri’s Department of Health and Senior Services regulations can abolish representative government in the creation of public health laws, and whether it can authorize closure of a school or assembly based on the unfettered opinion of an unelected official. This Court finds it cannot.”

The case is decided on grounds that the edicts clearly violated the traditional separation of powers between the legislature and the executive. The legislature cannot surrender its power to make law to an unelected bureaucrat, either by constitutional tradition in a Republican form of government or under the Missouri Constitution.

“Separation of powers among the three branches of government – legislative, administrative, judicial – is fundamental to the preservation of liberty. DHSS regulations break our three-branch system of government in ways that a middle school civics student would recognize because they place the creation of orders or laws, and enforcement of those laws, into the hands of an unelected administrative official.”

“The state delegated rulemaking power to an administrative agency, and the administrative agency, has in sum, delegated broad rulemaking power to an unelected administrative official. This type of double delegation, which results in lawmaking by an administrative entity, is an impermissible combination of legislative and administrative power.”

The court further decided that these edicts violate the equal protection of the laws. The decision is here quoted at length and the PDF embedded below the text.

https://brownstone.org/wp-content/uploads/2021/11/missouricourt.pdf

Report - Covid Restrictions and Mandates Imposed by "the whims of public health bureaucrats" are Illegal, Missouri Court Rules ⋆ Brownstone Institute

 

[Oddball]

 

[Natural Citizen]

Yep.

And just as an aside, do also consider that the election laws in some states bypassed legislative bodies and were also themselves imposed 'at the whims of bureaucrats' with no constitutional standing to violate separations of powers.

The legal premise here is broad reaching. But again, that's just an aside thing to consider.

 

[Natural Citizen]

Relevant reading...

US District Court Judge Matthew Schelp issued a preliminary injunction on Monday, blocking the White House’s order that all workers employed by the Centers for Medicare & Medicaid Services (CMS) had to be vaccinated by January 4, 2022 or face losing their jobs.

“The nature and breadth of the CMS mandate requires clear authorization from Congress—and Congress has provided none,” Schelp said, adding the injunction is warranted by the “vast economic and political significance” of the mandate.

Judge Halts Biden Vaccine Mandates in 10 States

 

[BasicHumanUnit]

Tyrants don't often follow rulings or the Law.
I would consider those in power today as tyrants. Let's see what happens.
Basically the Radical left at large does not recognize Laws it is not in favor of nor the Constitution. So they feel justified defying Laws that disagree with their "superiority and greater intellect" (a joke of course)
Take John Roberts for example. He was responsible along with several other Supreme Court "Justices" in paving the way for the unlawful Obamacare Act passing.

No doubt there are many liberal anti-American judges who will overrule this judge.

Never forget.....
"All that is required for evil men to prevail is for good men to do nothing"
I doubt judges can save America at this point. It is going to take a great deal of effort by The People at this point to turn the ship around.