Governor Brown's caronavirus orders may be void.

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oldandslow
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Governor Brown's caronavirus orders may be void.

Post by oldandslow » May 18th, 2020, 3:18 pm

An Oregon Circuit Court Judge in Baker County has ruled that the Governor's caronavirus orders are void because she did not seek legislative approval of an extension beyond 28 days. The judge denied the state's request to stay his order during the pendency of an appeal. The Governor states that she plans a prompt appeal to the Oregon Supreme Court. In Oregon most appeals must go first to the Oregon Court of Appeals. I assume, without knowing, that the Oregon Supreme Court could accept a direct appeal if it wanted to. In any event, there could be a substantial period of uncertainty but it is difficult for me to see governmental officials trying to actively enforce orders that have been declared void by an Oregon trial court.
Maybe the Governor will call a special session of the Legislature. It will be interesting to see how the public reacts to this court decision

Aimless
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Re: Governor Brown's caronavirus orders may be void.

Post by Aimless » May 18th, 2020, 5:03 pm

A lot depends on how quickly the Oregon Supreme Court responds. I rather expect they will issue a stay of the Baker judge's ruling.

Without a prompt stay or a prompt ruling to reinstate the order, my guess would be that all those who have vociferously objected to the order will welcome this as complete vindication, even though the ruling is based on a technicality they probably didn't know existed. In terms of hiking, I'd surmise it will roughly follow whatever path the rest of society takes: happy defiance in some quarters, confusion elsewhere, but mostly a continuance of cautious compliance until things are better sorted out.

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drm
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Re: Governor Brown's caronavirus orders may be void.

Post by drm » May 18th, 2020, 6:34 pm

Out here in Wasco County, we got approved for Phase I and yet most of my favorite restaurants have not reopened. My favorite brewpub told me they will take it slow and probably not open till early June. A few places have. The point being that I think most people want to take it slow, but there is a group that feels very much otherwise. But if she does call a special session I don't expect there would be any problem getting the legislature to endorse the plan as now operating.

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xrp
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Re: Governor Brown's caronavirus orders may be void.

Post by xrp » May 18th, 2020, 7:51 pm

drm wrote:
May 18th, 2020, 6:34 pm
Out here in Wasco County, we got approved for Phase I and yet most of my favorite restaurants have not reopened. My favorite brewpub told me they will take it slow and probably not open till early June. A few places have. The point being that I think most people want to take it slow, but there is a group that feels very much otherwise.
Naturally. Restaurants would have to resource everything they need. Obviously judging demand, so they don’t lose even more money by preparing to open, the staffing and procuring supplies for the re-open.

Congrats to Oregon!


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xrp
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Re: Governor Brown's caronavirus orders may be void.

Post by xrp » May 19th, 2020, 5:09 am

Yep. Freedom was short lived.

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retired jerry
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Re: Governor Brown's caronavirus orders may be void.

Post by retired jerry » May 19th, 2020, 6:08 am

Oregon - 38th worst state (by number of infections) - way to go governor Brown

Washington - was the worst state, now 18th worst - way to go Jay (the snake) Inslee

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teachpdx
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Re: Governor Brown's caronavirus orders may be void.

Post by teachpdx » May 19th, 2020, 7:08 am

retired jerry wrote:
May 19th, 2020, 6:08 am
Oregon - 38th worst state (by number of infections) - way to go governor Brown
Jerry, when you look at this as cases per 100,000 (which is a much better indicator than per state because it removes variations of population), Oregon is actually doing even better than the numbers you posted... 47 out of 52 states and territories. As of 5/18/2020, only West Virginia, Puerto Rico, Alaska, Hawaii, and Montana have fewer cases per 100,000 than Oregon.

Source:
https://www.statista.com/statistics/110 ... -by-state/

The proactive stay at home order has, and continues to work. When working with exponential things like viruses, the early action was a huge deal. Shutting things down even a week earlier than most other states has saved literally hundreds of lives in Oregon.
instagram: @robo_remy

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drm
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Re: Governor Brown's caronavirus orders may be void.

Post by drm » May 19th, 2020, 7:23 am

While I share the opinion of Brown's actions, I do think that we want to watch how power accumulates. I think she should call a special session of the legislature to endorse her plan and thus make these lawsuits moot, since I assume it would vote in support. That would respect both our safety and the democratic process.

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retired jerry
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Re: Governor Brown's caronavirus orders may be void.

Post by retired jerry » May 19th, 2020, 7:30 am

Yeah, 47 out of 52 per capita

And we were quite vulnerable being so close to Washington that had a big infection early.

I agree, governor Brown should get legislative approval

It's unfortunate because that will add expense and risk of legislators not staying at home. Maybe there's some way to do that remotely.

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