Florida Gov. DeSantis’ Lawyers File Emergency Appeal Against Ruling on Mask Mandates
Biden essentially declared war on the 80M unvaccinated Americans in speech. He also appears to be targeting DeSantis for the legal and media equivalents of nukes and F15’s.
During his detestable speech reviewing his 6-prong plan to contain the uncontainable COVID-19, Biden made a chilling verbal attack on the duly elected governors:
“If these governors won’t help us beat the pandemic, I’ll use my power as president to get them out of the way.”
During this address, Biden signaled he fears Florida Governor Ron DeSantis of Florida the most (seemingly more than the Taliban). That is because DeSantis has adopted a Sweden-like approach, balancing public health with personal freedoms in a way that appears popular with most Americans.
DeSantis opposes mask mandates, which have not worked as promised by our experts.
Hospitalizations in Hawaii continue to reach new highs, nearly a month after they went back to capacity and gathering restrictions since their mask mandate failed so spectacularly.
Is Ron DeSantis flying from Florida to Hawaii every day? How could this be happening?! pic.twitter.com/xPQqgdXBIY
— IM (@ianmSC) September 9, 2021
So, after a circuit court ruled DeSantis could not prohibit schools from imposting mask mandates, lawyers for the governor filed an emergency appeal.
DeSantis’ lawyers on Wednesday evening called for an automatic stay on his order banning mask mandates to be reinstated stating they “have a high likelihood of success on appeal” of an August ruling allowing schools to institute mask mandates.
“The trial court abused its discretion in vacating the automatic stay and this court should reinstate the stay pending review,” the lawyers said.
Leon County Circuit Judge John Cooper, in an unusual move, tossed an automatic stay of his August order and said school districts can have control over whether they require face coverings while DeSantis’ original appeal makes its way through the court.
DeSantis’s lawyers contend that the trial court “abused its discretion in vacating the automatic stay, and this Court should reinstate the stay pending review,” according to the 41-page appeal.
Leon County Circuit Judge John Cooper handed down a ruling on Wednesday that rejected DeSantis’s appeal of his earlier ruling, lifting an automatic stay that was put in place following the governor’s appeal.
DeSantis had appealed Cooper’s previous decision which said the governor had overreached, and that the state’s new “Parents’ Bill of Rights” does not permit him or the Florida Department of Education to bar school districts from mandating masks.
Biden essentially declared war on the 80M unvaccinated Americans in speech, and he appears to be targeting DeSantis for the legal and media equivalents of nukes and F15’s.
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As a Florida resident and voter, DeSantis will fight Dictator Joe every step of the way. I guess many will tell Joe to “Fuck Off”.
Oh, I am not vaccinated simply because I already had Covid and have anti-bodies. Screw you Biden.
I did the Two Shot Deed, but will not get boosters.
Well, then you will not be considered vaccinated?
My daughter had an antibody test this week because she has had covid. The person administrating showed her the line that indicated she did in fact have antibodies. But…..because she had not been vaxcinated the person administrating the test said the official results would be negative. She wrote negative for her test result and handed it to her.
If your daughter has the money, or has some lawyers willing to take it THAT should go to court.
Several of my clients and friends have described variations of what you stated.
Apparently the medical community has to follow cdc guidance which has instructed the that actual prior covid infection is to be treated as if ineffective where as the “vaccine ” is the only safe precaution.
Which of course defies universally known medical science.
Yup, it’s really all about peer pressure, nothing else.
As Fernando used to say,
“It is better to LOOK good than to FEEL good, you know what I mean?”
Forget the courts. Just make it illegal for any public or private entity in the state to mandate vaccines. Also make it illegal for any local or county or state law enforcement to enforce this unconstitutional federal edict
Is a mandate a law?.. all this tyanny stuff his is getting us normies confused. Back in civics 101 they said Congress made laws… I kinda liked the old system…
A mandate is a law. This circle can’t be squared. “All legislative Powers herein granted shall be vested in a Congress of the United States . . .”
So “all” stopped being “all” on 11/03/20? I don’t think so. Now lets find a judge who actually believes the Article VI oath he/she took when he/she entered into office.
No, the pedophile-in-chief’s mandate is not a law. Laws come from the legislatures, not fascist pedophile retards.
“A mandate is a law. This circle can’t be squared. “All legislative Powers herein granted shall be vested in a Congress of the United States . . .””
But this didn’t go through Congress. Almost none of this is going through Congress. So is a mandate a law when it doesn’t?
It’s not a law unless it has been passed by a legislature.
That’s not true. Regulations issued by the executive branch (i.e. the president and his agents acting on his behalf) pursuant to laws made by the congress are law.
Mulhouse, geonl is correct, you are not. Regulations are not law, but rather they are rules on how to comply with the law. I deal with both everyday. There is a difference.
The point of which, as your emphasis makes clear, is that there has to be underlying legislative authority.
If there isn’t, the EO is invalid and unconstitutional.
A distinction without a difference, the regulation may define how to comply with the law but once you get to court how are you going to determine compliance with the law. Yep that’s right via following the regulation. If not you’d better have a good argument as to why you are still in compliance. For most instances that means following the damn regulations.
“The point of which, as your emphasis makes clear, is that there has to be underlying legislative authority.”
They appear to be pointing to law that authorizes OSHA safety regulations and adding this mandate as one of those regulation. But, really, in this age of abject and dishonest sophistry, they could point to anything they like. Buy the the time a court acted, one way or the other, the deed is done, and then they could simply
chose to ignore any adverse court opinion.
However, if this is the case, and they are acting under regulatory authority of OSHA, I should think there is a process to create and enact new regulation that must be followed.
I personally think all rules and regulations made by the executive pursuant to the execution of legislation should be ratified by vote of the congress. Granting the executive unlimited rule making authority which carries the force of law, simply enables a dictator.
Having them ratified by congress would be impractical, which is why congress gives the executive regulation-making authority in the first place.
But since all such regulations are based on authority delegated by congress, either house should be able to veto a regulation by a simple majority vote. It shouldn’t require a vote of both houses, as it does now.
It’d already illegal here in Florida to ask for passports.
Geroni, what are you on about? DiSantis can’t ignore the courts. The courts are the ones that decide what the law is. And in this case the court decided that DiSantis can’t make it illegal for school boards to mandate masks. He doesn’t have the power to do that. He of course disagrees and think he does have the power, but the only way for him to exercise it is to appeal the decision. He can tell the appeals court why he thinks he does have the power, and it will either agree or not. That’s all. If it agrees with the circuit court he can take it to the supreme court, but if it agrees too then that’s the end of it. He’d have to ask the legislature to give him the power he wants, or else enact the ban itself.
Courts do not make law. Legislatures/Governors do. There is nothing in the Constitution that allows the courts to make law.
Governors do not make law any more than courts do.
This isn’t about courts making law. It’s about courts deciding what the law is. That is the judicial function, which the relevant constitution (state or federal, depending which court) invests in them.
In this case a state court determined that DiSantis does not have the power to prevent school boards from requiring masks. Unless and until an appeals court overturns that, that is the law DiSantis cannot ignore it.
Roe v Wade. QED.
Huh? What has Roe got to do with it?
Again, the question here is whether DiSantis has the authority to order school boards not to require masks. He says he has the authority, the school boards say he doesn’t. Who decides what the law says? The constitution says that the courts do, and whatever the courts say is the law.
D-k Joe Biden and God protect De Santis and Trump
They are really all we have
Abbott, he’s just not strong enough
And scapegoating them.
Failed authoritarian government measures, like the eighteen month long two weeks to flatten the curve, are not to blame for the pandemic. The unvaxxed are to blame.
The regime knows it can do little to control the virus (after campaigning in 2020 that they had a surefire plan).
But they can use it to do a lot to control the peasants. And separate out a politically convenient group to scapegoat and blame. While ignoring that much of that group is black or Hispanic.
It’s the Trump supporting unvaxxed whites who are the problem!
This regime is evil to its core.
The federal government cannot force states or their subdivisions to enforce federal laws. This was known before the Constitution was even ratified. This was why states did not have to comply with the fugitive slave act before the Civil war.
Indeed, but how is it relevant? Nobody is trying to force states to enforce federal laws here. Nobody is even asking them to do so. So what is your point?
That sure as hell sounds exactly like what the pedophile-in-chief wants.
No, it doesn’t. Where did he say he wanted to do that?
But in any event it’s completely irrelevant to this post which is about DiSantis’s dispute with a state court about state law and has nothing at all to do with anything federal.
No, but the Biden Administration can impose a general mask mandate from the CDC directly. They can make it enforceable by arrest and felony prosecution by any federal law enforcement officer, mandate that all federal law officers make and prioritize such arrests (there are an incredible number of federal law enforcement officers around – IRS, DHS, DOJ, CBP, etc…) and also allow local law enforcement to refer cases to the local US Atty, and require the US Atty to prioritize and prosecute every case. .
Does the CDC have the legal authority to impose a general mask mandate? The law giving it its authority is pretty vague, but five supreme court justices have said it doesn’t authorize banning landlords from evicting tenants. Maybe it authorizes requiring everyone to wear a mask, but maybe it doesn’t.
Does the CDC have the authority to protect people from eviction?
You can fuck about as much as you want about every wanker being a liar but the reality is Democrats will do exactly the fuck what Democrats want to do without a care in the world.
No court has yet said it doesn’t. But five supreme court justices have given their opinion that it doesn’t, and it seems obvious that they’re correct. Congress could have given it that authority, but it didn’t.
If they would try to stretch the law to prevent evictions they would certainly try to use it for something far more directly related to viral spread. It would certainly be litigated after the first arrests and prosecutions, and it would raise both statutory and constitutional issues. The problem is enforcement. They could certainly enforce it in the Washington DC metro area given the number of Federal cops around here (tens of thousands). They could enforce it in any local jurisdiction where the local administration is willing to make arrests and refer cases to the US Atty. They could assemble strike teams and send them all over the country for spot enforcement, targeting Republican States to create Media spectacles. They could get innovative and allow the public to refer video evidence to the US Atty through Facebook. My guess is they will wait until the virus surge now burning through FL goes through the Northeast and Mid-Atlantic States this Fall and Winter.
“The virus surge burning through Florida” ain’t jack shit. WuFlu is endemic, effective early treatment with Ivermectin is proven to work sufficiently for my confidence in it, and the sooner these Fascists understand it the more likely their efforts to fuck everyone over will meet with the level of contempt and resistance it deserves.
Dementia Joe’s handlers in the deep state are going full fascist.
It won’t work in the long run, but in the short-term it will get very ugly.
So another Democrat judge ruling the way the party wants?
While bias is intrinsic, prejudice is progressive.
Is he a democrat? Florida judicial elections are nonpartisan, so he didn’t have to declare a party.
I’m so glad you guys are covering these issues , it seems to me, being a Florida resident that so much negativity and lies are directed towards this state. Yet everyone keeps moving here. The whole issue of state sovereignty and hence our founding principles seem to be on the line here with Covid and all these mandates. I am worried for all the school children and families I serve if all of this federal over reach continues unabated.
Yes, the Florida governor opposes mandates, but not personal choice. Similarly, the Texas governor is pro-choice: abstention, prevention, adoption, and compassion, and still six weeks. Baby steps.
That said, the handmade tales are stranger than fiction that can only believed at the Outer Limits (e.g. control the vertical, the horizontal, etc.).
The cargo cult unmasked.
Postoperative wound infections and surgical face masks: a controlled study
Effectiveness of Adding a Mask Recommendation to Other Public Health Measures to Prevent SARS-CoV-2 Infection in Danish Mask Wearers
Physical interventions to interrupt or reduce the spread of respiratory viruses
Science is in consensus with physical laws. Separately, and jointly, a large food processing plant in Germany, fully masked, a viral bloom. A cargo cult, a mandate, a false sense of safety, and viable legal indemnity.
Meanwhile, vaxxxers (pejorative intended) are developing the disease and transmitting the virus to their unsuspecting neighbors… punch drunk and off the wagon.
Still waiting for the scientific evidence that masks do anything.
I wouldn’t hold my breath, if I were you…. 🙂
Even if masks had some effect, that effectiveness should diminish as the virus evolves to become ever more airborne and contagious – which it is. Masks are nothing more than spit catchers, and they also have psychological effects on people around you. They do not stop 100 nm airborne particles.
There is no evidence that any current version of the virus evolved in response to vaccination. Natural selection theory says that should eventually happen, but it doesn’t seem to have happened yet.
“There is no evidence that any current version of the virus evolved in response to vaccination. Natural selection theory says that should eventually happen, but it doesn’t seem to have happened yet.”
This is correct, The current mutations of concern all developed prior to the delivery of the “vaccines.” This also indicated that those who have forsworn the vaccine are the incubators for these mutations.
These “vaccines” are highly specific an likely not highly effective against mutations. Because they are so highly specific, they likely, too, will quickly produce mutations that make them even less effective. Ultimately, they will be self-defeating.
All this is horrible public health policy. But remember, dictators will dictate. Any justification will do. And if it’s not COVID, then it’s the “climate emergency,” or gun violence, or the “obesity epidemic,” or anything they can conjure to self-justify lording over you.
Sorry, “This also indicated that those who have forsworn the vaccine are the incubators for these mutations”
Should read, “This also indicates that those who have forsworn the vaccine are NOT the incubators and source for these mutations”
Stopping the state from screwing us over while letting the private sector do it does DeSantis no favors.
Employers in Florida still have unbridled authority to mask, test, and vax their employees under threat of dismissal. HIPAA has been rendered null by extortion.
Hospitals and doctors still require masks despite their demonstrable inability to prevent the spread of covid or any other respiratory virus.
That’s ridiculous. HIPAA has nothing to do with it. Requiring someone to disclose their own medical information does not violate HIPAA in any way. Try suing someone for an injury and refusing to sign HIPAA waivers; your suit will be dropped instantly.
Is it a federal or state crime to threaten a governor of a state with murder (“If these governors won’t help us beat the pandemic, I’ll use my power as president to get them out of the way.”), probably by an Obama-drone strike (TM)?
Are Republican Congress critters initiating Impeachment porcedures?
Don’t be ridiculous. He did no such thing. He did not threaten the governors in any way. He simply said that if they won’t do what he wants then he’ll do it himself, to the extent of whatever power he has to do so. That’s what any president would say, when he’s not getting the cooperation he would like. Sometimes it’s a serious threat, because the president has the authority to act; sometimes it’s an empty threat because he doesn’t. Either way it’s not a crime of any kind.
Making threats against anyone is a state crime. Governors are not special. But it has to be an actual, credible threat. Saying that someone ought to kill that person is not a threat. Saying that if some hypothetical event were to happen I would kill that person is not a threat. Certainly saying that I hope that person dies, or that God should strike that person down, is not a threat.
I’m pretty sure everyone except you did understand the sarcasm. Or do I need to thank you for explaining to me my sarcastic remark?
It seems to be in your nature as a pedant to do so.
Let me try to see if I can match your level of pedantry. He did say “I’ll use my power as president to get them out of the way” and did not mention any constitutional constraints he wants to abide by. And “get [governors] out of the way” is not an enumerated power vested in the President of the United States. At least so far this has not been read in the text of the Constitution nor has it been found in the Penumbra-Article invisble to anybody except progressive jurists – yet.
And since Biden displays behaviour primarily observed in late-stage dementia patients he probably has forgotten any limits on presidential power, but also the threat he issued. So all is good, no?
Imagine if Biden had been this angry with the Taliban eh? Maybe, MAAAAYBE things might have turned out a it better with all Americans getting out before the door was closed.
The relevant question is – what is the statutory or constitutional legal authority of the FL Governor to make any orders to local school boards in Florida?
That is precisely the issue in court. The circuit court said the governor has no such authority. The governor is appealing that decision, and in the meantime he’s asking for a stay. We’ll see what the appeals court says, and then the state supreme court.
Ignore the judges. They rule as dictators and we let them. The Constitution means NOTHING to them. It’s time to start putting judges in jail.
What the hell are you talking about? The constitution has nothing to do with this. The only question is whether the governor has the authority to do what he did. The court says no; how do you know it’s wrong? On what basis do you claim it’s wrong?
Judge just handed DeSantis a victory. Ban on mask mandates are back on.
For now. The district court didn’t say the governor has the authority to ban mask mandates. It just said that the case against him may have standing problems, so he gets a stay on the circuit court decision against him.