Categories
Uncategorized

Contentious Otter Editorial: Striking down of Arkansas’ ban on mask ordinances could end up happening in Florida also

“Pulaski County Circuit Judge Tim Fox issued a preliminary injunction against the law that Gov. Asa Hutchinson signed in April banning mask requirements by governmental entities. The ban was being challenged by two lawsuits, including one from an east Arkansas school district where more than 900 staff and students are quarantining because of a coronavirus outbreak,” reports the Little Rock Star Tribune.

“Fox ruled the law violates Arkansas’ constitution, saying it discriminates between public and private school students. He said it also infringes on the governor’s emergency powers, as well as the authority of county officials and the state Supreme Court. The law “cannot be enforced in any shape, fashion or form” pending further court action, Fox said.”

Although I have not yet been able to find the full text of the Judge’s decision online (Arkansas’s state court reporting website hasn’t posted anything since July 6th), and my comments on the nature of the judge’s ruling are speculative, this particular outcome is no surprise. The infringing upon the authority of the Governor and State Court system most likely refers to the ability of the Governor and the Courts to seek to have the state cooperate with the Federal Government to implement recently added provisions of the Public Health Services Act. For the legislature to mandate how the Governor and State Courts should respond to Federal efforts to control a pandemic outbreak is an obvious insult to notions of the balance of powers.

The statement about local officials has to do with the right of the people to petition their government for the redress of grievances, a bedrock principle of our Federal Constitution that is echoed in the language of State Constitutions all across the country. It is not acceptable that pure partisan faction should drive a state to refuse the right of the people to petition their local government leaders to heed the advice of Federal Agencies for the purpose of trying to protect their children from an infectious disease.

The fact that both of these conditions apply equally in all of the states, and that the concepts of balance of powers and the right to petition state and local governments are such primary concepts in American law, means that Ron DeSantis’s recent attempt to ban mask mandates in public schools may face the same fate as the Arkansas law.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Jesus Dork endorses “Soros paid protestors” theory

6 hours ago

Charlotte BASE jumper dials 911 while dangling from building

7 hours ago

WATCH LIVE: Steamy hot volcanic action! NSFW!

9 hours ago

Bondi holding up release of JFK, RFK, MLK, and Epstein files

10 hours ago

Tennessee libtard arrested for threatening attack on Musk AI center

11 hours ago

“DOGE AI” automates rapid MAGA response to lib tweets

12 hours ago

Lahaina fire survivors fired by Trump Regime

12 hours ago

Fake fishing boat captain acted normal until he didn’t

13 hours ago

West Bank Judea and Samaria

13 hours ago

Tiny D less than thrilled with Donald endorsing Donalds

14 hours ago

Michigan MAGA Muslim demands Trump immediately take down “offensive” Gaza AI video and issue a “reconciliatory statement”

15 hours ago

Colorado cops nab one of several Tesla dealership vandals

16 hours ago

WATCH LIVE: Orange God Emperor’s first cabinet meeting

17 hours ago

Texas kid first to die in measles outbreak

17 hours ago

Feature, not bug

18 hours ago

WATCH LIVE: House hearing on Birthright Citizenship

18 hours ago

Surprise! House GOP tells members to cut back on town halls

19 hours ago

Eric Adams moves to dismiss over Sassoon shitshow

20 hours ago

Fourth Estatesman sees two-red siren emoji-fire for press freedom

20 hours ago

“Maybe we will create some NICE NEW LAW!!!”

21 hours ago

USDA cuts off food stamps to illegal immigrants

22 hours ago

Orange Ayatollah posts absolutely batshit “Trump Gaza” AI video

23 hours ago

Nepalese Hindu festival just one giant cloud of weed smoke

24 hours ago

House GOP pulls plug on budget vote

1 day ago

WATCH LIVE: House to vote on government funding

1 day ago

MAGA Reich to create undocumented immigrant registry

1 day ago

Orange Overlord wants to sell citizenships for $5 million

1 day ago

What a total bundle of sticks

1 day ago

Zelensky to sign minerals deal with Trump Regime: Axios

2 days ago

Judge denies TMTG bid to hit De Moraes with restraining order

2 days ago

Mysterious “DOGE Administrator” revealed!

2 days ago

“You can protest all you want”

2 days ago

Blondi proud of inhuman conditions suffered at Guantanamo

2 days ago

Kevin Cramer’s skull oozing profusely

2 days ago

Spanberger 39 – Sears 24 in Virginia gov race: poll

2 days ago

Right on time, almost

2 days ago

“That’s why the 60 Minutes episode rubbed people the wrong way”

2 days ago

Regime DOJ says pardon covered Oath Keeper’s hand grenades

2 days ago

Nicole Malliotakis pretty much gives up on excuses for DOGE

2 days ago

Mike Johnson sets mega MAGA budget vote for Monday evening

2 days ago

Australian fisher becomes the fished

2 days ago

Soros or Xi or Bill Gates or someone paid for this

2 days ago

European Tesla sales drop 45 percent in January

2 days ago

Private sector solution to deportations eyed by private sector

2 days ago

Senate delaying Stefanik confirmation vote

2 days ago

Picasso no longer available for adoption in Muscatine, Iowa

2 days ago

Los Angeles ICE raid sweeps up 12 out of 120 targeted

2 days ago

Coast Guard urges Great Lakes-area residents to be careful on ice

2 days ago

Wyoming Republican suddenly in favor of “preferred pronouns”

2 days ago

Judge denies AP bid for injunction on White House access

2 days ago

x
x
x
x
x
x