Judge Rules Against Tyrannical Oregon Governor On Church Closings

Oregon Kate Brown has been on a tyrannical tear, much like other Democratic Party governors who started out doing the right thing in the face of fear and uncertainty before delving into ruling with an iron fist and ignoring both the federal and state constitutions. And she is not happy about losing in court

That article has already changed, because the state supreme court has jumped in to put a hold on the order, because Il Duce Brown is a dictator

Oregon Supreme Court puts hold on Baker County judge’s ruling declaring governor’s coronavirus orders ‘null and void’

In a late Monday ruling, the Oregon Supreme Court stepped in to put a hold on a dramatic decision by an eastern Oregon judge that declared not only Gov. Kate Brown’s restrictions on church gatherings “null and void” but all her “Stay Home Save Lives’’ coronavirus emergency orders.

State Supreme Court Presiding Justice Thomas A. Balmer in a three-paragraph ruling issued at 7:45 pm. granted the state’s emergency motion after reviewing briefs from both sides.

The hold will remain in effect until the high court considers the state’s full petition to dismiss the Baker County Circuit judge’s preliminary injunction.

All parties must file responses by Friday, and he has not given any time for a ruling. I’m guessing a petition may be made for an emergency ruling to a federal court

Earlier Monday, Baker County Circuit Judge Matthew B. Shirtcliff ruled that the governor’s executive orders in response to the global pandemic exceeded a 28-day limit adopted by state lawmakers and were no longer valid in response to a suit filed by 10 churches against the governor.

The governor’s office appealed to the Oregon Supreme Court to keep her emergency orders in effect, arguing that Shirtcliff overstepped his authority and his legal reasoning was flawed.

That ruling

Shirtcliff granted a preliminary injunction to the churches, finding they had shown “irreparable harm” from the deprivation of the right to freely exercise their religions.

“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 ruled.

He added: “Plaintiffs have shown that they will be harmed by deprivation of the constitutional right to freely exercise their religion. Other plaintiffs have also shown great economic harm to their businesses and their ability to seek livelihood.”

The Oregon Constitution notes in Article 1: Section 2. Freedom of worship. All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences. That’s rather clear, is it not. There’s no real escape clause for taking away people’s Rights. Here’s where Oregon citizens should be rather worried

The trial court exceeded its discretion and committed “fundamental legal error,” because the argument that the governor lacks authority to address the coronavirus emergency “lacks merit,” Solicitor General Benjamin Gutman wrote. He noted that the state constitution grants the governor “all the police power vested in the state.

Any time limits to the provisions for public health emergencies in state law “supplement rather than supplant” the governor’s unlimited powers under her declaration of a state of emergency, he wrote. He further argued that the public interest overwhelmingly weighs against disturbing the governor’s executive orders.

Maybe she missed Article 1 Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. An emergency doesn’t give her dictator-like powers. Expect a lot of churches in the more suburban and rural areas to start meeting, because those are the areas that are more freedom loving, not sheeple, and vote Republican in the state.

In North Carolina the Democrat governor took his loss with good grace and just essentially said “OK, you win, now, please, just be careful. Wear masks, wash your hands, clean up the church often and social distance, OK?” Kate Brown got her taste of power, and cares little for Rights.

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6 Responses to “Judge Rules Against Tyrannical Oregon Governor On Church Closings”

  1. Elwood P. Dowd says:

    It sounds as if Teach wants legislatures to revisit the emergency powers afforded executives, including governors and the president. Not a bad idea. Governors and presidents need to obey laws, too. Anyway, a Supreme Court review seems appropriate.

    But equating restrictions based on public health concerns with tyranny, fascism and dictatorships is just stupid.

    • Kye says:

      “But equating restrictions based on public health concerns with tyranny, fascism and dictatorships is just stupid.”

      To you it is. To those of us who believe we should follow our Constitution it is precisely the tyranny, fascism and dictatorship it is meant to stop.

      I think we can all agree that there are certain powers that executives should be granted under extreme conditions. Like banning or limiting travel, immigration, or using commonsense and expert opinions where available and warranted. But in no way should our Constitution be considered a fair weather friend and in no way should our rights apply only in good times.

      Governors locking down the people of of their state, labeling people “non-essential”, putting small businesses out of business, terminating employment to the point where the UE rate is crippling the country are not consistent with our laws. In fact they are fascist and tyrannical.

      The amazing thing is that they pulled it off based on a severe flu, not a plague, not an attack, a fukin’ flu. They frightened people so bad that they basically destroyed the country.

      We all knew that sooner or later the left would run across a way to ruin America and this was it. With the help of hysterical warnings and the constant beat of the media with their monotonous message of fear and doom.

      They started out predicting 2 million “infected” (which means basically nothing unless they are actually sick) and 2 million dead using another version of their Climate Model scam. They had us waiting for the Death Wagons to be driving around picking up the shrouded bodies from door to door like in 1349 when the Black Death (also imported from China) hit Europe. Didn’t happen. So the left did what it does best and fudged the numbers and cooked the books while their willing accomplices in the media kept dealing Fear 24/7.

      I’ll say it once again: this was nothing more than a dry run to see how many of our rights they can crush before we revolt. Seems they have done a wonderful job over the last 60 years teaching the mindless leftists that we no longer have rights, we have privileges which can be revoked at the discretion of the Executive.

      Trump 2020 Sadly it may be too late to stop the fascists.

      https://i2.wp.com/www.powerlineblog.com/ed-assets/2020/05/Screen-Shot-2020-05-15-at-11.46.18-AM.png?resize=600%2C408&ssl=1

    • gitarcarver says:

      It sounds as if Teach wants legislatures to revisit the emergency powers afforded executives, including governors and the president.

      That may be Teach’s opinion. However in this case, that is not what is at stake which is that the Governor violated the power and authority given to her by the legislature.

      Quoting the original ruling:

      When granting this additional power over the movement and gatherings of citizens, the legislature saw fit to add additional time restrictions. Those time restrictions contained in section (5) of that provision only allow the Governor to extend the emergency declaration for 14 additional days from the original 14-day period. This provision makes the maximum time restriction to be 28 days by operation of law. The Governor in her original executive order 20-3 set her executive order to 60 days. This is well beyond the maximum 28-days allowed by ORS 433.441. This court finds that when the Governor utilized the provisions of ORS 433.441 in her executive order, she triggered all the provisions of ORS 433.441 including the time restrictions in ORS 433.441(5). By doing so, the executive order became null and void beyond the maximum 28-day time period allowed by the statute. Moreover, by not complying with ORS 433.441(5) timelines, the Governor’s subsequent Executive Orders 20-05 through 20-25 are also null and void. (see Executive Order 20-12 extended until terminated by the Governor; Executive Order 20-24 extended for an additional 60-days; Executive Order 20-25 extended until terminated by the Governor as examples of extensions beyond 28 days)….

      Anyway, a Supreme Court review seems appropriate.

      Not when you read the filings by State to get a stay. They simply say that the laws that were passed giving the executive branch certain powers do not apply. That’s the argument. The State is saying “laws aren’t the boss of us!”

      But equating restrictions based on public health concerns with tyranny, fascism and dictatorships is just stupid.

      Once again, that may or may not be Teach’s opinion.

      However, what is tyrannical and fascist is for a elected official making rules that are against the law.

      The time limit in the Oregon law is in place so that the executive branch can work with the legislature to pass statutes on the current situation. That’s the intent of the law.

      We understand that you seem to hate the idea of liberal executives being asked to be accountable and follow the law. Others may couch the argument differently an there is room for arguments based on the limiting of Constitutional rights.

      However, this is not the issue in this case. The issue is whether the governor of the State can unilaterally enact laws and rules that are far beyond that of actual laws.

      It is amazing how leftist hate laws when the rest of the people want them to abide by those laws.

      It is not unexpected they feel that way as hate is all the left has.

    • formwiz says:

      Anything to impose a tyranny and never let a good crisis go to waste, right?

      Actually, OR’s Democrats have been re-classifying registered Republicans as non-partisan, presumably to try to field the weakest opposition possible.

      That’s vote fraud. But we can’t let anything interfere with restrictions based on public health concerns, can we?

      Even if the data is phony as Hell.

      Just like global wahoo.

      • Bill589 says:

        It sounds as if Elwood P Dowd is being hypocritical and lying for his Masters again.
        Fear makes them lie; that’s all they have.

  2. Kye says:

    I see the joggers are protesting for Stacy Abrams in Atlanta. What a sight for sore eyes. Now let’s see if Elwood calls them “black supremacists” or “black terrorists” like he did when white working people marched in MI for their jobs.

    https://3.bp.blogspot.com/-3z6fo-dQOH8/W9_Mm3GeLQI/AAAAAAABo_Y/NzV8fSu1_9o3ZrPoQE09JoWWttL1p8wvwCLcBGAs/s1600/Black-Panthers-GA-

    Members of the Black Panther Party marched through the city of Atlanta, strapped with assault rifles and brandishing Stacey Abrams campaign signs.

    In a video posted on the group’s Facebook page on Saturday, members of the Black Panther Party are seen marching through the West End neighborhood of Atlanta in support of Stacey Abrams gubernatorial campaign. As they marched, the Black Panthers carried assault rifles and continually shouted slogans such as “black power” and “power to the people.”

    Some of Elwood’s joggers, no doubt. Hate whitie!!!!
    One of the members can be heard saying afterward: “You need to march in your neighborhood. When we was [sic] in West Virginia, 99 percent crackers, stone cold crackers.” Crackers, eh? If a white guy said: “you need to march in your area because they’re all niggers” first they wouldn’t print it because you can’t say that. Second all hell would break loose on the pajama boy team like the world ended.

    Kemp’s campaign called on Abrams to immediately denounce the Black Panthers.
    “It’s no surprise that militant Black Panthers are armed and patrolling the streets of Georgia for Stacey Abrams. The Black Panthers are a radical hate group with a racist and anti-semitic agenda. They are dangerous and encourage violence against our men and women in uniform,” Kemp spokesman Ryan Mahoney said in a statement to TheDCNF.

    Trump 2020 Cause “the crackers” gotta crack.

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