Pennsylvania Firearm Owners Association
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  1. #831
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    Default Re: PA Counties locked down

    Quote Originally Posted by Emptymag View Post
    I'll follow that up with something my wife just read online...

    The White House covid task force (or whatever they call themselves) are recommending (or considering recommending) that Pennsylvania SHUT DOWN INDOOR DINING - AGAIN.
    Guess he already has Richard whispering in his ear.
    FUCK BIDEN

  2. #832
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    Default Re: PA Counties locked down

    Posting a current status - Just so you know that the Official Oppression Still Remains.

    I have not been able to find any filing of an appeal from the stay issued against the ruling by Judge Stickman striking down the PA restrictions. As noted in the October link below, "The panel of Third Circuit judges granting the stay did not issue an opinion with their order." In other words, they just did it because they could - and did not write an opinion because they had nothing to justify their actions - we have the POWER TO CONTROL & we will use it!

    ================================================== ==================

    In A Strategically Key Legal Move, A Federal Court In Pennsylvania Upheld A Challenged Mask Mandate
    by Charles Tiefer - Dec 11, 2020
    https://www.forbes.com/sites/charles...h=5313280a770d

    Late Friday, Pennsylvania's power for mask orders and contract tracing survived a legal challenge. The ruling has significance beyond itself because of ongoing warfare at both trial court and appellate levels over Pennsylvania's anti-COVID measures.

    The ruling in Parker v. Wolf came from the Chief Judge of the Pennsylvania federal court, Judge John E. Jones III.

    "Nearly nine months, and quickly approaching a full year, into this global pandemic, we are all fatigued," wrote Jones, an appointee of President George W. Bush.

    "All of our lives have changed drastically, and, indeed, many of us are weary of continued mitigation efforts," Jones wrote. "But our Constitution does not permit us to consider such frustrations without concrete, particularized, and non-hypothetical allegations that are capable of full resolution by this court."

    The immediate motion is as far as the press has gone. But a look into the legal maneuvers and clashes reveals the intricacy of legal action in the background.

    Back on September 14, a different federal judge in Pennsylvania took a totally different course. Judge William S. Stickman IV issued a 66 page opinion declaring large portions of Pennsylvania's COVID emergency mitigation orders unconstitutional. In County of Butler v. Thomas W. Wolf, Judge Stickman accepted the arguments of a conservative public interest firm.

    Judge Stickman point-blank refused the Governor's request to stay his own order. This was a fairly brash step, as it did not give an appellate court any breathing room to think at length what to do with the case.

    Stickman's ruling did not stay in effect long. On October 1, the Third Circuit Court of Appeals * the federal appellate court that takes Pennsylvania cases * stayed Stickman's decision against the COVID emergency measures, so the Stickman decision did not go into effect. The Third Circuit did not give any opinion for its stay.

    So, while the Third Circuit sent a powerful signal, it was not an articulated signal. Rather, the Third Circuit just effectively said "No for now" for the order in Judge Stickman's case.

    The plaintiffs in Judge Stickman's case have indicated that they may petition the Supreme Court for certiorari if they are unsuccessful at the appellate level.

    That shines some light on the case ruled upon Friday, Parker v. Wolf. The briefing papers in that case were heavily laden with cites to, and quotes from, Judge Stickman's opinion. For the conservative public interest group bringing the case, the American Freedom Legal Center, this had become a way to tunnel around the Third Circuit stay order.

    The hope would have been that this other litigation vehicle, Parker v. Wolf, would draw on Judge Stickman's magnum opus and get a second piece of litigation to catch fire. This time, the litigation would be focused on the mask mandate and contact tracing, and not be a broad attack on the whole Pennsylvania emergency effort to deal with COVID.

    The litigants knew that the state emergency actions had been upheld in Benner v. Wolf May 21, 2020), and also, by the Pennsylvania Supreme Court itself in Friends of Danny DeVito v. Wolf (2020).

    Looking over the whole litigation scene, it may be said that the 66 page opinion of Judge Stickman stands as a green light for challenges to emergency measures. However, with Friday's decision by Chief Judge Jones, the barrier against such challenges has been strengthened.
    ================================================== ==================

    I could not find the final ruling on "Parker v. Wolf" by 3rd Circuit Chief Federal Judge Jones
    The Pacer summary only shows action up to Jan 4, 2021:
    https://www.pacermonitor.com/public/...l_v_Wolf_et_al

    ================================================== ==================

    Dec 30, 2020 - Governor Wolf's News Release lifting time-limited restrictions:
    https://www.governor.pa.gov/newsroom...-distribution/

    But it leaves in place the follow restrictions - see link above for exhaustive list:

    * Social Restrictions
    * Gatherings limits determined using maximum occupancy calculator.
    * Face coverings are required to be worn indoors and outdoors if you are away from your home.
    * Unnecessary travel should be limited.

    https://www.health.pa.gov/topics/dis...Travelers.aspx
    ** "By Order issued November 17, 2020, the Wolf administration is requiring that travelers entering Pennsylvania from other countries and states, as well as Pennsylvanians who are returning home from other countries or states, have a negative COVID-19 test within 72 hours prior to entering the Commonwealth or quarantine for 10 days upon entry into Pennsylvania."

    ** "Is this a recommendation or requirement? This is a requirement. The Order is an enforceable disease control measure authorized by the Disease Prevention and Control Law."

    ** "Do I have to quarantine after I travel out of state? Completing a 10-day quarantine after traveling outside of Pennsylvania is required if an individual does not have proof of a negative test result."

    ================================================== ==================

    The ruling in "County of Butler v. Thomas W. Wolf" by Judge Stickman:
    https://cases.justia.com/federal/dis...66888/15/0.pdf

    ================================================== ==================

    Here are some commentaries on the restrictions issue:
    Dec 12, 2020 - https://www.klehr.com/publications/p...-restrictions/
    Oct 02, 2020 - https://www.klehr.com/publications/t...ic-gatherings/
    Sep 24, 2020 - https://www.jdsupra.com/legalnews/pe...lidates-76221/

    ...
    Last edited by ImminentDanger; January 20th, 2021 at 08:35 PM.

  3. #833
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    Default Re: PA Counties locked down

    F-U wolf

  4. #834
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    Default Re: PA Counties locked down

    Is this the same case that was originally found to violate constitutional rights that Wolf immediately appealed? If not, what happened to that one?
    -Brandon


  5. #835
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    Erie, Pennsylvania
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    Default Re: PA Counties locked down

    Stickman's ruling did not stay in effect long. On October 1, the Third Circuit Court of Appeals * the federal appellate court that takes Pennsylvania cases * stayed Stickman's decision against the COVID emergency measures, so the Stickman decision did not go into effect. The Third Circuit did not give any opinion for its stay.

    So, while the Third Circuit sent a powerful signal, it was not an articulated signal. Rather, the Third Circuit just effectively said "No for now" for the order in Judge Stickman's case.

    Well, there's your sign.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  6. #836
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    Default Re: PA Counties locked down

    Quote Originally Posted by pens87pgh View Post
    Is this the same case that was originally found to violate constitutional rights that Wolf immediately appealed? If not, what happened to that one?
    The ruling that some of the mandated business closures were UNCONSTITUTIONAL was in the case of "County of Butler v. Thomas W. Wolf" by Judge Stickman.
    But that ruling was put-on-hold by the 3rd Cir. Court of Appeals.

    The other case ("Parker v. Wolf" with the ruling by 3rd Circuit Chief Federal Judge Jones) was regarding mask mandates - and that ruling has allowed Wolf to continue the mandate.

    ...
    Last edited by ImminentDanger; January 19th, 2021 at 07:18 PM.

  7. #837
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    Default Re: PA Counties locked down

    The new federal administration of Mandated Subservience has begun...

    Mask Mandate: President Biden Signs Order Requiring Masks in National Parks and on Planes
    The mask mandate, one of the new president's first actions after being sworn in, covers federal land and interstate travel.
    By Jessica Puckett - January 20, 2021
    https://www.cntraveler.com/story/pre...-and-on-planes

    In one of his first actions as president, Biden signed a mask mandate, requiring face masks be worn inside buildings and on land controlled by the federal government. That includes places like national parks and during interstate travel onboard trains, buses, and planes.

    Although the majority of U.S. airports and airlines have their own stringent mask rules in place—with major carriers banning passengers who don’t comply—leaders in the air travel industry have been pushing for a federal mask mandate throughout the pandemic.

    “There is a big difference between a policy and a federal mandate,” Dennis Tajer, spokesman for the Allied Pilots Association union, told aviation site Cirium. “A company policy doesn’t carry as much weight. When you use the words ‘federal mandate’ it gets attention.”

    The order also includes a “100 Days Masking Challenge,” to encourage Americans to commit to wearing masks for at least 100 days and compels federal workers and contractors to follow other social-distancing guidelines recommended by the CDC. While the executive order does not have the authority to change mask policies in individual cities or states, Biden “will call on governors, public health officials, mayors, business leaders, and others to implement masking, physical distancing, and other public measures to control COVID-19," Jeff Zients, who is coordinating the new administration’s pandemic response, told CNN.

    ...

  8. #838
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    Default Re: PA Counties locked down

    Quote Originally Posted by ImminentDanger View Post
    The new federal administration of Mandated Subservience has begun...

    Mask Mandate: President Biden Signs Order Requiring Masks in National Parks and on Planes
    The mask mandate, one of the new president's first actions after being sworn in, covers federal land and interstate travel.
    By Jessica Puckett - January 20, 2021
    https://www.cntraveler.com/story/pre...-and-on-planes




    ...
    And which type of person will be killed first; an enforcer or an anti-masker ?
    --ET

  9. #839
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    Default Re: PA Counties locked down

    I am going to South Dakota in early May, and Mount Rushmore is on the list. I'll be farked if I wear a mask to walk around outside.
    Power always thinks...that it is doing God's service when it is violating all his laws.

  10. #840
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    Default Re: PA Counties locked down

    Quote Originally Posted by ROCK-IT3 View Post
    I am going to South Dakota in early May, and Mount Rushmore is on the list. I'll be farked if I wear a mask to walk around outside.
    We have an opportunity earlier than that... Gettysburg or Valley Forge for some civil disobedience?

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