By An Old Friend
Thu, May 28, 2020 12:02 a.m.Illinois State-Court Judge Demonstrates that the Law **isn't** Always an Ass
The judge didn't mince words in his view of the state's fathead governor:
"AMERICANS DON'T GET RULED"
Michael McHaney is a state court judge in Clay County, Illinois. On Friday, he ruled from the bench in a case brought by a Clay County small business owner against Illinois Governor J.B. Pritzker, contesting the validity of Pritzker's shutdown order. Via RedState, these are excerpts from Judge McHaney's ruling:
Since the inception of this insanity, the following regulations, rules or consequences have occurred: I won't get COVID if I get an abortion but I will get COVID if I get a colonoscopy. Selling pot is essential but selling goods and services at a family-owned business is not. Pot wasn't even legal and pot dispensaries didn't even exist in this state until five months ago and, in that five months, they have become essential but a family-owned business in existence for five generations is not.A family of six can pile in their car and drive to Carlyle Lake without contracting COVID but, if they all get in the same boat, they will. We are told that kids rarely contract the virus and sunlight kills it, but summer youth programs, sports programs are cancelled. Four people can drive to the golf course and not get COVID but, if they play in a foursome, they will. If I go to Walmart, I won't get COVID but, if I go to church, I will. Murderers are released from custody while small business owners are threatened with arrest if they have the audacity to attempt to feed their families.These are just a few of examples of rules, regulations and consequences that are arbitrary, capricious, and completely devoid of anything even remotely approaching common sense.
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The defendant in this case orders you to stay home and pronounces that, if you leave the state, you are putting people in danger, but his family members traveled to Florida and Wisconsin because he deems such travel essential. One initial rationale why the rules don't apply to him is that his family farm had animals that needed [to be] fed. Try selling that argument to farmers who have had to slaughter their herds because of disruption in the supply chain.When laws do not apply to those who make them, people are not being governed, they are being ruled. Make no mistake, these executive orders are not laws. They are royal decrees. Illinois citizens are not being governed, they are being ruled. The last time I checked Illinois citizens are also Americans and Americans don't get ruled. The last time a monarch tried to rule Americans, a shot was fired that was heard around the world. That day led to the birth of a nation consensually governed based upon a document which ensures that on this day in this, [or] any American courtroom tyrannical despotism will always lose and liberty, freedom and the Constitution will always win.
We need more rulings like this from judges across the country to bring the current shutdown regime to a screeching halt.
In Michigan,it was just the opposite--Whitmer DOES have the power to shut down the state."Roulette judge" is the game--take it to court,spin the wheel--won't come out the same.
ReplyDeleteIf judges rule differently in various states about this,maybe the Supreme Court should look into the matter.It isn't so much the governors who disagree philosophically about their right to pull the plug on the economy,but the judges--who are unreliable or corrupt in their decisionmaking.Either ALL governors have the power or ALL governors don't--to shut down a state.Send it to SCOTUS.Without all the states on the same page,you're looking at a recipe for unnecessary economic hardship in states where governors think they are more powerful than what they should be.
--GRA
Two Illinois. Chicago and everywhere else in the state. Two different worlds and two different attitudes toward life. Clay county the proper attitude.
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