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Unqualified Shit for Brains Judge Misinterpreted Law

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MotorCityRadioFreak
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Unqualified Shit for Brains Judge Misinterpreted Law

Post by MotorCityRadioFreak » Wed Apr 20, 2022 12:53 am

NPR lays it out pretty clearly why this dipshit didn't know what she was talking about when it comes to masks: https://www.npr.org/sections/health-sho ... _bbuv12fZM

But I am confident this is another article Matt will ignore.


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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by Matt » Wed Apr 20, 2022 5:24 am

This drivel should be ignored and was already addressed by the WSJ yesterday:
Judge Kathryn Kimball Mizelle ruled that the CDC exceeded its statutory authority and never clearly explained its justification for the broad mask mandate, among other legal infirmities. It’s a strong opinion based in a careful reading of the Public Health Service Act of 1944, which was the basis for the CDC’s order.

Judge Mizelle says the agency stretched the meaning of the word “sanitation” in the law, which was never intended to justify such sweeping control over the behavior of millions of Americans. She quotes the words of Jeff Sutton, Chief Judge of the Sixth Circuit Court of Appeals, in the vaccine mandate case that “this is no ‘everyday exercise of federal power.’”

It certainly isn’t, which helps to justify the judge’s national injunction in the mask case. National injunctions should be rare, but it would be hard to narrow, by geography or type of transport, a nationwide mask requirement for all public transportation.
The NPR article doesn't mention the great judge was relying on the precedent. It also attempts to suggest an agency can do whatever the hell it wants during a health emergency, which the judge correctly ruled they can't.


What's more pathetic: harassing an old man who is paying to do a radio show or supporting a grifter like Trump?

bmw
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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by bmw » Wed Apr 20, 2022 11:20 am

Is this really the best the left has got? Latching on to one single ambiguous word in a 1944 law? Time for me to put on my legal hat. Here is the full paragraph from the law, with line breaks to make it easier to follow:
SEC. 361. ø264¿ (a) The Surgeon General, with the approval of the Secretary is authorized to make and enforce such regulations as in his judgment are necessary to prevent the
-introduction,
-transmission,
-or spread of communicable diseases

from

-foreign countries into the States or possessions,
-or from one State or possession into any other State or possession.

For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such
-inspection,
-fumigation,
-disinfection,
-sanitation,
-pest extermination,
-destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings,
-and other measures,

as in his judgment may be necessary.
So let's break this down. Right out of the gate, I would suggest that this law would not be applicable to in-state flights that travel from one city to another within the same state as its authority only extends to regulating the spread of disease from a foreign country to the US or from one state to another within the US.

Next let's look at the things the Surgeon General may do. The focus seems to be specifically on "sanitation," which, first things first, let's look at how this word is used, if at all, elsewhere within this law. It actually DOES appear 3 other times, each time in the context of "field sanitation."

-First use: "field sanitation" as part of a list.

-Second use: "acceptable environmental health standards, including enforcement of standards for sanitation in migratory agricultural worker and seasonal agricultural worker labor camps"

-Third use: "assessment of problems related to camp and field sanitation, exposure to unsafe levels of agricultural chemicals including
pesticides, and other environmental health hazards to which migratory agricultural workers and seasonal agricultural workers, and
members of their families, are exposed."

So the word "sanitation" is used, as best I can interpret, in the context of environmental cleanliness, and specifically, doing what is necessary to keep an environment (such as in this instance an airplane cabin) free of disease.

So could a mask fall within this? Maybe. But there's a few problems. First I would note the language of the section of the law in question: The Surgeon General may do things necessary to PREVENT the spread of disease. It doesn't say slow down or reduce, but specifically PREVENT. So the question to me is, do masks do this? I would say absolutely not. At best, they marginally slow down the spread. They certainly don't prevent it.

Next, I would suggest that making EVERYONE, regardless of whether they're currently sick or not wear a mask, is overly broad. Simply being a human being does not necessarily rise to the level of being a carrier of a disease. You can't just make everyone do something because one or two people in a large group may be a threat.

My conclusion: Masks do not prevent the spread of disease, and even if they did, making every single human being wear one is overly broad.

And a side-note as to the NPR piece: They complain about precedent. What they fail to mention is that Congress+The President could act today and amend the 1944 law to specifically include facial coverings.



paul8539
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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by paul8539 » Fri May 13, 2022 7:42 pm

Don't insult the judge. Insult the lawmakers who passed the law.



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Bryce
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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by Bryce » Fri May 13, 2022 8:20 pm

paul8539 wrote:
Fri May 13, 2022 7:42 pm
Don't insult the judge. Insult the lawmakers who passed the law. Exactly. Don't blame Biden for the mess we find ourselves in. Blame the shit for brains that voted for him.


New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.

paul8539
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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by paul8539 » Mon May 16, 2022 6:55 pm

BRYCE: Be sure that you quote me correctly.



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Re: Unqualified Shit for Brains Judge Misinterpreted Law

Post by audiophile » Tue May 17, 2022 7:42 pm



Ask not what your country can do FOR you; ask what they are about to do TO YOU!!

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