A Look at the Democrat Judge Who Sent a Mother to Prison for Trying to Feed Her Children

[Bob Blaylock]

I also suggest you research the post #28…

A post that is complete bullshit when it is first posted, does not become any less so if you refer to back to it.

 

[Eric Arthur Blair]

Trump declared a "national emergency" on March 13 which gives the governors under the federalist system emergency powers.

Governors are still required to use their authority wisely and not run over the rights of American
citizens. Governor Abbot stepped up and set things right.

Governors in California, Michigan, New York, etc. will have much to answer for running their states ineptly
and with many deaths in their wake. They are needlessly trampling over people's rights.

 

[Rigby5]

All she had o do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

BS comparison...............she has no damned reason to apologize to the so called judge and jury Robe wearing asshole..................

She is going under..........and said she would open to try and save her home and be able to feed her children.......................OH THE FUCKING SHAME.....

Utter BS...........same with locking down the nation for a stinking virus...........causing ECONOMIC calamity from hell.

Yes they did but that again was what the president declared like it or not. I didn't stop working and I fed my lid because I am used to tough times.

FUCK YOU

I'm doing fine........but that lady isn't..........most of those like her are self employed and don't get shit for assistance.........................She's trying to save her small business from going under and protect her family.

You are a dang Walking Example of Why the 2nd Amendment was written..............and the BS leaders who let their stinking job go to their dang head........or a JUDGE WHO THINKS HE IS GOD.

Take your Arrogance mooning ass and stick it where the sun doesn't shine.

I have been self employed for 35 years and have never received ANY assistance during economic hard times I went out and got any job I could while my business could start back up again...Try to control your hormones please...

This is NOT economic hard times.
This is an illegal, draconian, power grab that has no purpose or legal justification.
If someone declared you be denied access to your profession, you would also starve to death and get evicted, just like what this hair dresser faced.
You seem to keep claiming it is the hair dresser's fault that she does not have multiple degrees or something?
It makes no sense.
There are no other jobs right now.
Even the hospitals are laying people off.

 

[AzogtheDefiler]

All she had o do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

You’re the poster child for the ankle grabbers.

I didn't make the rules the Governor did along with the cities.......Beef it up with them...And the next time a city is shut down because of a natural disaster you be a tough guy and violate the order that has shut down the town.....I dare you...

You don’t find it punitive to put a person in jail where COVID runs wild?

 

[Bob Blaylock]

There was no law created…

That is the point.

No law, nothing to enforce.

There is no authority anywhere, at any level of government, to enforce a non-law. The very concept is absurd.

 

[SassyIrishLass]

Now that all of the fascists have exposed themselves in the CV19 crap, it’s time to purge the fascists from America.

A Look At The Democrat Dallas Judge Who Jailed A Salon Owner

District Court Judge Eric Moye sentenced a Dallas salon owner to seven days in jail and ordered her to pay a $7,000 fine for violating lockdown orders.

thefederalist.com

Blue lives matter

All lives matter. Stop being an annoying asshole

 

[Moonglow]

All she had to do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

What is new is people are being prevented from operating their businesses and therefor are running out of money and not able to feed themselves and their families.
And that goes for all the people employed by Shelly Luther.

When Rosa Parks disobeys laws that are unethical and counter to American principles people applaud her civil disobedience. When Shelly Luther practices civil disobedience, putting her family and
the families of people depending on her business ahead of a senseless, ill defined and subjective capricious "law", where is the support for Shelly Luther? I don't see it.

The Supreme Court doesn't agree with your assessment you will need to take the issue up with Abbott the gov of Texass...

 

[Rigby5]

All she had to do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

And executive order is NOT law, and is only to be followed if something like an invasion prevents the legislature from being able to meet.
A governor does not have this kind of authority.
It in totally in violation of individual rights, and executive orders are only legal when authorized by preceding legislation by the legislature.
This is like Hitler writing an executive order that all the Jews be arrested.
It is not legal, and anyone pretending it is, also is guilty after the fact.

When a government declares a state of emergency—or does not make such a declaration—this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public. Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.

Emergency Declarations and Authorities Fact Sheet | State Public Health | ASTHO

astho.org

I suggest you research what you don't know.

Wrong.
A state of emergency is not the same as declaring martial law, and without declaring martial law, the governor does NOT have the authority to violate the rights of anyone at all.
A governor can NEVER legally say a person can not work, earn a living, and that the person then should starve to death and get evicted.
No governor ever has that authority.
Even if it were to benefit millions of other, the rights of a single individual are paramount, and can NEVER be violated for any reason.
Executive orders are NOT legislation, and can NEVER have the force of law.
Executive orders legally only are implementation details of legislation passed by the legislature.
They can never authorize anything on their own.
Only by declaring martial law, by the legislature being unable to convene, can a governor make decrees over the law.

Be sure to link to you position like I did to see that what you say has merit..

The argument you are making is a claim that there is a source of authority above the inherent right of individuals.
You are saying that we do not really have a democratic republic, but that government really can do whatever it wants, and only pretends we have a democratic republic when it suits them.
No, it does not matter if there is an emergency or not, the source of power still is only the inherent rights of individuals.
No governor, president, or anyone can change that or violate those inherent rights, under any conditions.
There is no means for them to ever be able to obtain that authority.
No one can give it to them, and if they try to take it, they should die.

 

[Moonglow]

There was no law created…

That is the point.

No law, nothing to enforce.

There is no authority anywhere, at any level of government, to enforce a non-law. The very concept is absurd.

A proclamation is a declaration it is not a law.

 

[Bob Blaylock]

do it all the time....to protect people and control looting.. Why don't you show us the law that makes it illegal...

Not even close to comparable.

Stealing is illegal. There are genuine, valid laws against all forms of stealing, including looting.

There is no law against working to make a living, and in fact, it is very much illegal to try to prevent people from legitimately doing so.

An appropriate analogy to shooting people for looting during a disaster, would be to shoot government criminals during a disaster for trying to stop people from working.

In fact, I would say that both of those forms of violence are equally legitimate and equally justifiable, during a disaster.

 

[Moonglow]

All she had to do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

And executive order is NOT law, and is only to be followed if something like an invasion prevents the legislature from being able to meet.
A governor does not have this kind of authority.
It in totally in violation of individual rights, and executive orders are only legal when authorized by preceding legislation by the legislature.
This is like Hitler writing an executive order that all the Jews be arrested.
It is not legal, and anyone pretending it is, also is guilty after the fact.

When a government declares a state of emergency—or does not make such a declaration—this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public. Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.

Emergency Declarations and Authorities Fact Sheet | State Public Health | ASTHO

astho.org

I suggest you research what you don't know.

Wrong.
A state of emergency is not the same as declaring martial law, and without declaring martial law, the governor does NOT have the authority to violate the rights of anyone at all.
A governor can NEVER legally say a person can not work, earn a living, and that the person then should starve to death and get evicted.
No governor ever has that authority.
Even if it were to benefit millions of other, the rights of a single individual are paramount, and can NEVER be violated for any reason.
Executive orders are NOT legislation, and can NEVER have the force of law.
Executive orders legally only are implementation details of legislation passed by the legislature.
They can never authorize anything on their own.
Only by declaring martial law, by the legislature being unable to convene, can a governor make decrees over the law.

Be sure to link to you position like I did to see that what you say has merit..

The argument you are making is a claim that there is a source of authority above the inherent right of individuals.
You are saying that we do not really have a democratic republic, but that government really can do whatever it wants, and only pretends we have a democratic republic when it suits them.
No, it does not matter if there is an emergency or not, the source of power still is only the inherent rights of individuals.
No governor, president, or anyone can change that or violate those inherent rights, under any conditions.
There is no means for them to ever be able to obtain that authority.
No one can give it to them, and if they try to take it, they should die.

Yes and I have linked to the Supreme Court decision which covers the ability of the states to be able to override civil rights when it involves an emergency in which the public safety is paramount.

HENNING JACOBSON, Plff. in Err., v. COMMONWEALTH OF MASSACHUSETTS.

www.law.cornell.edu

The authority of the state to enact this statute is to be referred to what is commonly called the police power,—a power which the state did not surrender when becoming a member of the Union under the Constitution. Although this court has refrained frained from any attempt to define the limits of that power, yet it has distinctly recognized the authority of a state to enact quarantine laws and 'health laws of every description;' indeed, all laws that relate to matters completely within its territory and which do not by their necessary operation affect the people of other states. According to settled principles, the police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety

 

[Moonglow]

do it all the time....to protect people and control looting.. Why don't you show us the law that makes it illegal...

Not even close to comparable.

Stealing is illegal. There are genuine, valid laws against all forms of stealing, including looting.

There is no law against working to make a living, and in fact, it is very much illegal to try to prevent people from legitimately doing so.

An appropriate analogy to shooting people for looting during a disaster, would be to shoot government criminals during a disaster for trying to stop people from working.

In fact, I would say that both of those forms of violence are equally legitimate and equally justifiable, during a distaste.

Then I suggest a little case law research to clear your muddled mind...

HENNING JACOBSON, Plff. in Err., v. COMMONWEALTH OF MASSACHUSETTS.

www.law.cornell.edu

The authority of the state to enact this statute is to be referred to what is commonly called the police power,—a power which the state did not surrender when becoming a member of the Union under the Constitution. Although this court has refrained frained from any attempt to define the limits of that power, yet it has distinctly recognized the authority of a state to enact quarantine laws and 'health laws of every description;' indeed, all laws that relate to matters completely within its territory and which do not by their necessary operation affect the people of other states. According to settled principles, the police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety

 

[Eric Arthur Blair]

The Supreme Court doesn't agree with your assessment you will need to take the issue up with Abbott the gov of Texass...

Your post is vague and not too helpful. Does the Supreme Court now disagree with the principle of civil disobedience? I don't need to take anything up with Abbot since he slapped down the idiot judge there,
sprung Luther from jail and signed into law an order making it illegal to jail people for cases like this in the future. Get some rest.

 

[Bob Blaylock]

If I was the judge I would say OK reopen, but if one case of infection can be shown to come from your salon and dies you go up on manslaughter charges.

Thankfully, Jackass WANKER Frogen, you are not a judge, here in America. If you were to somehow get into the position of being so, then the rightful place for you would be as a decoration hanging from one of the trees in front of the courthouse.

There was something I read a very long time, ago, I wish I remembered in in more detail. I don't even remember whether it was a work of fiction, or something from some obscure bit of actual history.

Whatever it was, it described a society in which every judge sat on a stool, that was upholstered with the skin of the last person who, having held that position, was found to have abused the power that goes with that position. A clear and vivid, constant reminder of the seriousness of only using his powers appropriately, to the benefit of those he is to serve.

How I wish a similar concept was applied to all of our public servants in positions of power, that they had some similar constant reminder of what happened to any of their predecessors who abused that power, and what would happen to them if they did so.

I assume that most courthouses and capitol buildings have trees nearby. Here, in Sacramento, California, we have a big park next to our State Capitol building, with lots of trees that could really use some decoration; and of course, a Capitol building that is infested with near-humans whose best purpose would be to serve as decorations hanging from those trees.

 

[Rigby5]

All she had to do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

You haven’t made the case for throwing her in jail when convicts are being released. Did you ask them to apologize?

I am not trying to make a case I am merely stating fact. I can't help it since I am not responsible for what happens five hundred miles away. The Governor could have avoided this situation though by doing his job.

Ok. Factually speaking, it’s bullshit. Even more factually, convicted felons are being released out of concern for their exposure to COVID-19 yet a working mother trying to feed her children his sent to jail.

Bullshit is not a reference to any fact but animal husbandry. I didn't make the rules I am merely stating the facts determining as to why this situation arose. I also suggest you research the post #28 for references to legalities during an emergency declaration of a public health crisis.

Legalities? I suggest you pay attention to the fact that convicted felons were released from jail under the same justification that a working mother trying to feed her kids. How many more time does this need to be said to you before you acknowledge this fact?

Wow dude, I have already known about this yet it has nothing to do with the order in the city of Dallas...

SUPPLEMENTAL ORDER OF COUNTY JUDGE CLAY JENKINS ON REOPENED SERVICES AND FOOD PROCESSING PLANTS DATE ORDER ISSUED: May 8, 2020 WHEREAS, pursuant to Texas Government Code Section 418.108, Dallas County Judge Clay Jenkins issued a Declaration of Local Disaster for Public Health Emergency on March 12, 2020, due to a novel coronavirus now designated SARS-CoV2 which causes the disease COVID-19; WHEREAS, on March 12, 2020, Judge Jenkins issued an Order in furtherance of his authority to protect the safety and welfare of the public by slowing the spread of the virus; WHEREAS, on March 16, 2020, President Trump acknowledged the gravity of the COVID-19 pandemic, releasing strict new guidelines to limit people’s interactions, including that Americans should avoid groups of more than 10 people; WHEREAS, on March 19, 2020, the Dallas County Commissioners Court issued an Order of Continuance of Declaration of Local Disaster for Public Health Emergency that affirmed the activation of the Dallas County Emergency Management Plan and extends the Declaration of Local Disaster until 11:59 p.m. on May 15, 2020, unless rescinded by order of the Commissioners Court. WHEREAS, on March 24, 2020, the World Health Organization indicated that the United States has the potential to become the center of the COVID-19 pandemic; WHEREAS, on April 27, 2020, Governor Abbott issued an Executive Order reopening certain businesses in Texas for in-person services so long as certain workplace safety rules are followed; WHEREAS, this Supplemental Order is necessary to protect the lives, health,

https://www.dallascounty.org/Assets/uploads/docs/covid-19/orders-media/050820-SupplementalDallasCountyOrderonReopenedServices.pdf

Obvious nonsense.
{... Judge Jenkins issued an Order in furtherance of his authority to protect the safety and welfare of the public by slowing the spread of the virus; ...}
Judges can NOT make law, can not further their authority, and can not endanger lives by "slowing the spread of the virus", when clearly slowing the spread of the virus means slowing down herd immunity, which unnecessarily caused additional deaths, for no reason.
Anyone "flattening the curve" is guilty of murder.
Obviously the lowest death toll is from obtaining herd immunity as quickly as possible.
Since we do not have a vaccine and can not wait for one, that means acquired immunity.

For example, if 55% of the young and healthy had volunteered to get deliberately infected with the early non-lethal strain, then 14 days later, in March, it would have been all over.
The death toll could easily have been kept down to a thousand or so, instead of the current 75 thousand.

There was no law created it was a pubic health emergency plan that was spelled out in black and white that anyone could have contested well before any of this happened. The failure of the gov. to lead the state and make provisions for plans created the situation which occurred by local leaders because of a void left in the plans. The gov. should have reviewed all plans implemented in every county and every city. His failure led to this situation where orders were mandated to judges and health officials.

Ok, I will try to see your point of view.
First all, I can imagine a scenario where a governor could violate individual rights, in order to save the rights of others.
For example, if there was an epidemic with 100% death rate, and one side of the Mississippi Rv was infected and the other side was not, you could legally order deadly force to prevent those trying to cross the river.

But a "stay at home" order clearly is not legal, because you have to leave the house in order to do things like get food, service your swamp cooler, take care of relatives, deal with livestock, prevent your business from going under, etc.

The reason you do not detail emergency plans or contest them is because you have to assume good judgement will be used by the executive in charge. You deliberately have to include the worst possible scenario. But that does not mean it is legal when the worst possible scenario does not happen, but yet the governor enacts orders that make no sense.
For example, it makes absolutely no sense to vacate golf course or beaches when people are 30' apart or more anyway.
In fact, it is much less healthy to be cooped up inside an apartment building with shared heating and cooling ducts.

And it is not just the governors who are out to lunch, but the police, prosecutors, judges, etc.
Which does not seem like just coincidence.
It seems to me there is something fundamentally wrong with all these bureaucrats, where they crave power, and actually have been hoping for something like this that empowers them.
Otherwise they would never have acted like this.
I would not have.
So unfortunately, this seems to be a reminder that perhaps Jefferson is right, and we many have to repeat our exercise of armed rebellion on a regular basis.
We can't let these people get away with the unjustified harm they are doing.

 

[Bob Blaylock]

Again, WTF is the matter with you?

He's Moonglow. That's WTF the matter is with him. He is who he is, and he is what he is.

 

[Bob Blaylock]

Trump declared a "national emergency" on March 13 which gives the governors under the federalist system emergency powers.

Nothing gives anyone in government the authority to violate the Constitution, or to violate those rights of the people which the Constitution affirms.

Nothing.

 

[Bob Blaylock]

A proclamation is a declaration it is not a law.

Right.

IT IS NOT A LAW!

Therefore, no legitimate authority exists to enforce it.

Government can only enforce laws, and there is an orderly process by which valid laws are created. For very good reason, and by wise design, no process of creating valid laws in this country puts the power on any one individual to do so unilaterally.

 

[Rigby5]

All she had o do was apologize for breaking the order and she could have gone free...There was an order on the city for the pandemic emergency with the punitive measures, nothing new during a national and state emergency. Just like when a tornado hits and people are ordered not to enter the area..

You’re the poster child for the ankle grabbers.

I didn't make the rules the Governor did along with the cities.......Beef it up with them...And the next time a city is shut down because of a natural disaster you be a tough guy and violate the order that has shut down the town.....I dare you...

Texas Supreme Court told the judge to go fuck himself.

I doubt they used that language but I guess it suffices for you..The Supreme Court should have countermanded the order from the git-go, saves a lot of trouble later.

Yes the supreme court should vacate the judges order.
But it should never have gotten to that point because the damage is then already done.
Hope she get millions though for the violation of her rights.
The governor, the police, the prosecutor, and the judge all violated the law that is supposed to protect her rights.
So they should all be in jail right now.

it has expired now so there is no big deal over it. She will get no big settlement because this issue has been settle over one hundred years ago.

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency," wrote Judge Stuart Kyle Duncan for the majority.

The 115-year-old Supreme Court opinion that could determine rights during a pandemic

When a US appeals court ruled this week that Texas could prevent physicians from performing abortions because of the Covid-19 pandemic, the judges leaned heavily on a 1905 Supreme Court decision against a Massachusetts man who had refused vaccination during a smallpox outbreak.

www.cnn.com

But that is ONLY when the public health emergency for the majority, requires the infringement upon the rights of a minority for some tangible reason and way.
And clearly that was NOT the case.
No one was served by closing the salon.
In fact, the reality is that lock downs ALWAYS cause more deaths by slowing down the acquisition of herd immunity.
Flattening the curve, other than to prevent hospital flooding, is essentially murder, because increase the death total.
Anything that slows down gaining herd immunity causes a higher death total.
Herd immunity is fastest with vaccines, but clearly the ONLY viable 2nd choice is to accelerate infection of the healthy/young.
There is no third choice.
Lock downs can NEVER stop a virus infection.
Lock downs are always a bad idea once a virus gets into a country.
In fact, a lock down can just maintain a viable virus danger indefinitely.
Which clearly is not only a bad idea, but murder.

 

[Bob Blaylock]

Then I suggest a little case law research to clear your muddled mind...

All that is proven there is that corruption exists in the court system. It is a natural tendency of those in power to seize power to which they have no legitimate claim. Judges are not immune to this. In fact, Jefferson warned against exactly this, when he wrote the following in 1820…

“You seem to consider the federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all departments co-equal and co-sovereign within themselves.”​