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Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

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Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#12
post #3

What we should do is one thing. Saying the government can make us do it is something else entirely.

They can make you pay your taxes, but can't restrict your movements in a disease outbreak. I live in Japan, and the government here also does not have the power to legally lock us down (which is why there are only recommendations here -- luckily most people seem to be following them). It strikes me odd, though. There are so many things that the government can legally make you do, many of which seem much less important to me than this. I'm sure there are many people who disagree, but having a conversation over whether or not the government should have this power is not unreasonable IMHO.

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#14
post #6
post #3

What we should do is one thing. Saying the government can make us do it is something else entirely.

There's a couple centuries of common law precedent that the government can compel behavior for public health crises. The state supreme court here grossly violated legal precedent, and will have its ass overturned in a heartbeat if anyone has the time, resources, and will to escalate.

I was under the impression that the federal circuit only really looks at cases impacting federal law. Is there a place to escalate to?

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#15
[...] In the majority opinion, Roggensack determined Health Services Secretary Andrea Palm should have issued regulations through a process known as rulemaking, which gives lawmakers veto power over agency policies. [...] GOP lawmakers who brought the lawsuit have said the legal challenge was necessary to get a seat at the table where Evers and state health officials make decisions about how to respond to the outbreak [...]

This is a fairly narrow decision, it only says the legislative must be involved into this.

Alas it did not address the question I had hoped it would - do sheltering rules violate the Bill of Rights?

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#16

The Republicans who brought the lawsuit argue that, in part, continuing the lock down isn't appropriate because deaths from covid19 are going down. They don't connect the declining deaths to being locked down. You would think they would notice.

The question is, if deaths going down isn't the end condition, what is? Surely there has to be some point soon where the legislature gets to determine the laws of the state again.

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#17

Can I get some more down votes, please? This isn't absurd enough yet. You'd have to be a buffoon to not take safety for yourself and others seriously. That being said, it's about time people in positions of power woke-up and smelled the Constitution. Downvote me all you want, it doesn't make you right: "An agency cannot confer on itself the power to dictate the lives of law-abiding individuals as comprehensively as t…

"smelled the Constitution"

What constitution do you feel they need to be paying attention to?

I have a suspicion that you're thinking of one thing and they were ruling on another.

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#18
post #3

What we should do is one thing. Saying the government can make us do it is something else entirely.

When our actions can harm others, the government absolutely has the right—and the obligation—to step in.

Not at the expense of individual liberty. This principle is well established in the USA at least, given the continuing presence of 2A.

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#19
post #3

What we should do is one thing. Saying the government can make us do it is something else entirely.

When our actions can harm others, the government absolutely has the right—and the obligation—to step in.

>can harm others

Can you be more specific? It's the nebulousness of what "can harm" that rubs a lot of people the wrong way. Taken to one extreme, there's almost nothing you can do that doesn't potentially harm others. For example, I could leave my stove burner on and burn down the entire apartment building. So many things come with risks to others, and those things are just part of existing in society.

Re: Wisconsin Supreme Court strikes down stay-at-home order that closed businesses

#20

The Republicans who brought the lawsuit argue that, in part, continuing the lock down isn't appropriate because deaths from covid19 are going down. They don't connect the declining deaths to being locked down. You would think they would notice.

Citations, please?
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