Whatever the causes of this uncharacteristic bit of non-litigiousness, Americans should know that ample legal precedents suggest that most shelter in place orders are unlawful and unconstitutional.
So my spirits soared when I saw a partial headline reading “Coronavirus: Battle Breaks Out As Beach Visits Allowed …” But then I clicked and saw the rest of the headline: “in Northern Germany.”
A real estate agent in Texas filed for a temporary restraining order against his city’s mayor, who ordered a shutdown of “nonessential” businesses while a county order allowed all businesses to remain open. The local judge refused the TRO after the city passed a proper ordinance. Other scattered reports of suits, or their dismissal, have also made brief appearances.
Precious little else appears to be happening on the legal front. Below I list some possible reasons why:
Kind of difficult to sue our way out of a lockdown when virtually the entire judiciary is complicit. Good luck finding a court or a judge that will hear a civil suit filed during the shutdown. In fact good luck finding a court that will even ACCEPT the paperwork for a lawsuit. I suspect that eventually a lot of lawsuits will be filed over this but they aren't happening for a long time.....and odds are most will be dismissed outright.
ReplyDeleteOr securing a lawyer when you are wondering how to pay the mortgage/food/utilities.
DeleteGood point.
DeleteWhat Dan said.
ReplyDeleteAnd, people are apathetic, beat down, conditioned to conform, conditioned to fear TPTB.
Socially engineered to behave like a modern serf.
Socially engineered to behave like a modern serf.
DeleteThen those who aren't need to make up for the others, which would require constant push-back by them.