NSR: Corona Virus - You Can Start Panicking Now

[XtremeJibber2001]

Y'all still crying that a "Trump judge" shot down the CDC's mask requirement for public transportation?

How do you square Sleepy challenging this ruling while at the same time letting title 42 expire?

IANAL, but my guess is this about case law and maybe not an attempt to extend the mandate.

[easyrider16]

I think at this point defending mask or vax mandates is almost as much a waste of time as it was to oppose them during the pandemic. This thing is pretty much over. We can let it go. That goes for the police and others getting fired for not getting vaccinated - the vaccines worked, the pandemic is over. No need to punish the stupid people for being stupid at this stage.

As for the judge's decision on the mask mandate for public transportation, you might be right about the appeal being related to bad case law. I took a quick look at the opinion and I think the judge here really took a very narrow view of the surgeon general's power under 42 USC 264. If her view is correct, it would severely limit the Surgeon General's ability to respond to future pandemics. It also seems like a bit of nonsensical reasoning. By this judge's reading, the surgeon general can forcibly quarantine and examine individuals, but can't require them to wear masks. I don't think that's going to stand up to appellate scrutiny.

Here's the Judge's opinion and some criticism of it:
https://s3.documentcloud.org/documents/ ... 235804.pdf
https://www.nationalreview.com/2022/04/ ... -decision/
https://www.npr.org/2022/04/19/10935669 ... yn-mizelle

Btw, Mizelle is the epitome of an activist judge that conservatives used to rally against. She used her power as a judge to affect public policy in a way that affects the lives of everyone in the country. Once again, I point out that Republicans are no longer conservatives.

[throbster]

I think at this point defending mask or vax mandates is almost as much a waste of time as it was to oppose them during the pandemic. This thing is pretty much over. We can let it go. That goes for the police and others getting fired for not getting vaccinated - the vaccines worked, the pandemic is over. No need to punish the stupid people for being stupid at this stage.

As for the judge's decision on the mask mandate for public transportation, you might be right about the appeal being related to bad case law. I took a quick look at the opinion and I think the judge here really took a very narrow view of the surgeon general's power under 42 USC 264. If her view is correct, it would severely limit the Surgeon General's ability to respond to future pandemics. It also seems like a bit of nonsensical reasoning. By this judge's reading, the surgeon general can forcibly quarantine and examine individuals, but can't require them to wear masks. I don't think that's going to stand up to appellate scrutiny.

Here's the Judge's opinion and some criticism of it:
https://s3.documentcloud.org/documents/ ... 235804.pdf
https://www.nationalreview.com/2022/04/ ... -decision/
https://www.npr.org/2022/04/19/10935669 ... yn-mizelle

Btw, Mizelle is the epitome of an activist judge that conservatives used to rally against. She used her power as a judge to affect public policy in a way that affects the lives of everyone in the country. Once again, I point out that Republicans are no longer conservatives.

Just playing the game that Democrats have been playing for the past 50 years. Suck on it liberals.

[easyrider16]

Just playing the game that Democrats have been playing for the past 50 years. Suck on it liberals.

Oh, so it's okay now when your team does it? So I guess you care more about making the "liberals" suck it then you do about your principles and ideas?

This is the problem with politics in America today. On both sides, people care more about their team winning than about what policies and ideas are actually implemented.

[XtremeJibber2001]

Just playing the game that Democrats have been playing for the past 50 years. Suck on it liberals.

Oh, so it's okay now when your team does it? So I guess you care more about making the "liberals" suck it then you do about your principles and ideas?

This is the problem with politics in America today. On both sides, people care more about their team winning than about what policies and ideas are actually implemented.

The request for others to suck one's penis is a popular response among Christian Republicans lately.

[daytripper]

Just playing the game that Democrats have been playing for the past 50 years. Suck on it liberals.

Oh, so it's okay now when your team does it? So I guess you care more about making the "liberals" suck it then you do about your principles and ideas?

This is the problem with politics in America today. On both sides, people care more about their team winning than about what policies and ideas are actually implemented.

Yup, quite sad but true.

[throbster]

Any attempt to level the playing field and the liberals howl. Case in point, Elon taking over twitter.

[easyrider16]

I have no problem with Elon taking over twitter. In fact, I don't think these social media companies should be banning people for their political speech. The thing I don't want is the government coming in and telling social media companies what they can and can't do on their property. You see, unlike you, I'm actually a conservative.

BTW, I don't take issue with the judge's authority to issue a decision like the one above. I do not subscribe to this pejorative notion of "activist judges" when a judge does something I don't like. Rather, I just think this particular judge made a pretty poor decision. I'm not worried about it though because her reasoning is so poor that I'm relatively confident it will be flipped on appeal.

[deadheadskier]

I have no problem with Elon taking over twitter. In fact, I don't think these social media companies should be banning people for their political speech. The thing I don't want is the government coming in and telling social media companies what they can and can't do on their property. You see, unlike you, I'm actually a conservative.

BTW, I don't take issue with the judge's authority to issue a decision like the one above. I do not subscribe to this pejorative notion of "activist judges" when a judge does something I don't like. Rather, I just think this particular judge made a pretty poor decision. I'm not worried about it though because her reasoning is so poor that I'm relatively confident it will be flipped on appeal.

Why do you feel her decision was poor? From a legal standpoint? Her association to Trump? Or Science?

Because I can think of no good reason to have mask mandates anymore of any kind outside of actual patient care areas in a hospital.

[easyrider16]

Why do you feel her decision was poor? From a legal standpoint? Her association to Trump? Or Science?

From a legal standpoint. I agree that mask mandates should end now because the pandemic is over. But this decision says the surgeon general never had the power to impose mask mandates, which is not in line with the plain meaning of the statute. If this decision is allowed to stand, the surgeon general wouldn't be able to impose mask mandates in response to a future pandemic, which strikes me as a very stupid idea.

The judge's interpretation of the statute at issue, 42 USC 264, was extremely flawed. The statute explicitly gives the surgeon general very broad powers to prevent the spread of communicable disease, like being able to forcibly detain, quarantine, and test people against their will. It also says the surgeon general can take "other measures" necessary, but the judge came up with some very weird reasoning as to why "other measures'" doesn't include mask mandates.

[throbster]

"I'm going to shut down this virus!!!"

After the grim milestone of one million dead in the US, it seems that he didn't deliver on his BS promise.

[daytripper]

Yup, the two worst presidents in my lifetime are who we had to lead us thru this pandemic.

[Dickc]

Yup, the two worst presidents in my lifetime are who we had to lead us thru this pandemic.

You must have been born after 1980, thus never had to put up with Jimmy Carter.......

[deadheadskier]

My vote goes to Bush 2. Started wars that cost us $8 Trillion and 900k+ people lost their lives.

[daytripper]

Yup, the two worst presidents in my lifetime are who we had to lead us thru this pandemic.

You must have been born after 1980, thus never had to put up with Jimmy Carter.......

1978, so while alive, I have no recollection of the Carter administration.