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re: Judge sides with Louisiana governor on draconian new mask rules

Posted on 8/6/20 at 2:32 pm to
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 8/6/20 at 2:32 pm to
JBE is worse than Derrick Todd lee
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41720 posts
Posted on 8/6/20 at 2:33 pm to
LRS 29:721-739
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
30087 posts
Posted on 8/6/20 at 2:39 pm to
Court of Appeals will overturn her ruling as they always do.
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/6/20 at 2:50 pm to
quote:

We live in a dictatorship


The state of emergency can be ended by a simple majority of either chamber of the Legislature signing a petition.

Weakest dictatorship I’ve ever seen.
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/6/20 at 2:51 pm to
You should read what the federal Fifth Circuit has said about the powers of the executive during a pandemic. A Trump-appointed, reliably conservative judge wrote the opinion

LINK

Start at page 10
This post was edited on 8/6/20 at 2:53 pm
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 8/6/20 at 2:51 pm to
quote:

Then why, exactly, is she still on the bench?


pretty sure she was grandfathered in and it only applies to new judge positions after the law passed
Posted by Demshoes
Up in here
Member since Aug 2015
10758 posts
Posted on 8/6/20 at 3:09 pm to
quote:

FYI , Janice Clark is 73 years old. Mandatory judiciary retirement in Louisiana is 70.


Janice ain't going anywhere. You will have to pry her cold dead hands off the gavel and drag her corpse out before she leave voluntarily.

The Hague, The International Court of Justice, The U.N., International Labour Organization Administrative Tribunal, International Tribunal for the Law of the Sea. She will try everything and anything before she concedes and leaves office.

There is still havoc to wreak, and she ain't done wreaking havoc.
Posted by mmmmmbeeer
ATL
Member since Nov 2014
10189 posts
Posted on 8/6/20 at 3:28 pm to
quote:

I'd like to see the written reasons (if any) or the transcript of her ruling.


SCOTUS literally just ruled on a similar issue regarding churches.
Posted by Indefatigable
Member since Jan 2019
38460 posts
Posted on 8/6/20 at 3:30 pm to
quote:

We live in a dictatorship.



The legislature could very easily override JBE's COVID-related actions, or reigned in his emergency powers. They chose not to.

How, exactly, is that a dictatorship? Louisiana doesn't have a dictatorship. We have the exact cesspool of a state government that we vote for and deserve.
Posted by Magician2
Member since Oct 2015
14553 posts
Posted on 8/6/20 at 3:32 pm to
quote:


“The court is firmly of the opinion that the governor has exercised his power deliberately, on behalf of the people of this state and in an effort to be proactive to limit the loss of life,” Clark said.



My question is how long though? How long can this order stay intact and that's how subjective it is.
Posted by rattlebucket
SELA
Member since Feb 2009
12969 posts
Posted on 8/6/20 at 3:35 pm to
Thats why they had to make this <1% fatality rate virus as big and bad as possible. The sky is falling!!! They had to in order to get those types of judgements and opinions.
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/6/20 at 3:39 pm to
You guys clamor for judicial restraint all the time and lament “activist judges”, and now you want a judge to step in and overrule a discretionary call made by the executive using distinct and delineated powers given to him by the legislature with a built-in rescission provision requiring a simple majority of either chamber. That’s less than it takes to pass the law granting him the power in the first place.

For a bunch of small government conservatives, you sure are looking like big government democrats asking the judiciary to save you when you should be beating down the door of your state rep telling him to do his fricking job.
This post was edited on 8/6/20 at 3:41 pm
Posted by Miketheseventh
Member since Dec 2017
7117 posts
Posted on 8/6/20 at 3:42 pm to
quote:

Judge Janice Clark

Did you expect any other outcome with that bitch hearing the case
Posted by Magnus
San Diego
Member since Sep 2019
2135 posts
Posted on 8/6/20 at 3:45 pm to
mi maw's every are rejoicing
Posted by LNCHBOX
70448
Member since Jun 2009
89448 posts
Posted on 8/6/20 at 3:45 pm to
quote:

You guys clamor for judicial restraint all the time and lament “activist judges”, and now you want a judge to step in and overrule a discretionary call made by the executive using distinct and delineated powers given to him by the legislature with a built-in rescission provision requiring a simple majority of either chamber. That’s less than it takes to pass the law granting him the power in the first place.

For a bunch of small government conservatives, you sure are looking like big government democrats asking the judiciary to save you when you should be beating down the door of your state rep telling him to do his fricking job.


I'm confused. Assuming someone feels that this judge made a poor interpretation of the law, That person shouldn't voice their displeasure because it somehow makes them "big government" to expect judges to do their jobs correctly?

I do agree that people upset with this should actively be contacting their representatives as well.
This post was edited on 8/6/20 at 3:46 pm
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/6/20 at 3:46 pm to
Tell us what law she interpreted, the applicable standards, and how she erred.

I’ll wait.
Posted by LNCHBOX
70448
Member since Jun 2009
89448 posts
Posted on 8/6/20 at 3:47 pm to
quote:

Tell us what law she interpreted, the applicable standards, and how she erred.

I’ll wait.



Interesting way to not answer the question.
Posted by JDPndahizzy
JDP
Member since Nov 2013
7038 posts
Posted on 8/6/20 at 3:49 pm to
quote:

Judge Janice Clark


I thought she'd be.... taller
Posted by tigerskin
Member since Nov 2004
47102 posts
Posted on 8/6/20 at 3:50 pm to
Edwards did make it sound pretty easy for a bar to reopen today. They are allowing temporary food licenses.

So serve hotdogs, spread tables out then voila you can serve drinks.
This post was edited on 8/6/20 at 3:51 pm
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/6/20 at 3:51 pm to
Aka you have no idea what you’re talking about.

I’ll give you a hint. Go read the link I posted on the Fifth Circuit opinion. Courts are to give great deference to the prerogatives and decisions of the executive in a declared emergency. The fail-safe, separation of powers mechanism is the legislature, not the judiciary. The legislature is a more direct expression of the will of the people and if the problem have a problem with what the executive decided, the legislature should reign it in. They’ve given themselves the mechanism to do so, but have so far declined to utilize it.
This post was edited on 8/6/20 at 3:52 pm
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