‘Lockdowns and Business Closures declared unConstitutional’
Some American courts seem to be working — unlike Canada’s, whose courts and Constitution are proving worthless in crunch time…

The Constitution cannot accept the concept of a “new normal” where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional. Thus, consistent with the reasons set forth above, the Court will enter judgment in favor of Plaintiffs.”

“…Good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable, and the intent is good—especially in a time of emergency. In an emergency, even a vigilant public may let down its guard over its constitutional liberties only to find that liberties, once relinquished, are hard to recoup and that restrictions—while expedient in the face of an emergency situation—may persist long after immediate danger has passed…

“…The Court proceeded to the merits of Plaintiffs’ claims and, after carefully considering the trial record and the parties extensive pre and post-trial briefing holds and declares:
(1) that the congregate gathering limits imposed by Defendants’ mitigation orders violate the right of assembly enshrined in the First Amendment;
(2) that the stay-at-home and business closure components of Defendants’ orders violate the Due Process Clause of the Fourteenth Amendment; and
(3) that the business closure components of Defendants’ orders violate the Equal Protection Clause of the Fourteenth Amendment…

“…Even in an emergency, the authority of government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms—in place when times are good but able to be cast aside in times of trouble. There is no question that this Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.

“The Constitution cannot accept the concept of a “new normal” where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional. Thus, consistent with the reasons set forth above, the Court will enter judgment in favor of Plaintiffs.”

–‘Cnty. of Butler v. Wolf’,
WILLIAM S. STICKMAN IV, UNITED STATES DISTRICT JUDGE, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA, Sept. 14, 2020,
Civil Action No. 2:20-cv-677
https://casetext.com/case/cnty-of-butler-v-wolf-1

Published by Constitution Canada

Rewriting the Constitution of Canada

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