Monday, April 27, 2020

Dear Rep. Jordan

As Bill Barr knows, but you probably don't, a court of law requires specific instances of fact which can be shown to be violations of specific laws or Constitutional provisions.  That's why he speaks in such vague and glittering terms.  He's bullshitting, and he knows it.  He's never going to court on anything, and any U.S. attorney who does go to court on the peurile contents of Barr's memo would probably have the judge revoke that attorney's license to practice in his court (they issue those to lawyers in federal court, and it doesn't take a court case to revoke them.  Barr knows that, too.).

But as you are not a lawyer, let's just start with the specific provisions of the Constitution which you think might be infringed by public health orders issued by authorized persons of the sovereign states under the police power reserved only to the states under our Constitution (hint:  that's why Trump didn't quarantine New York and New Jersey at the request of Florida.  Governors have quarantine power, or public health officials, maybe even city or county officials, depending on the state.  The POTUS does not.)  No, I'll make it easier; identify provisions of the Constitution which prohibit governors or state officials from public health orders such as Barr alleges he is examining.

And I'll identify the provisions of the Constitution that allow governors to do what they are doing.  We don't even have to worry about the Constitutional analyses the courts would apply to particular sets of facts,  Let's keep it simple:  just Constitutional provisions that support your position that "freedom" is being unlawfully abridged in America.

I'll start with the 10th Amendment.

Now it's your turn.

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