Law team pushes state COVID mandates up to Supremes

By Bob Unruh

Staff from all departments of the Captain James A. Lovell Federal Health Care Center in in North Chicago, Illinois, come together to support the COVID-19 vaccination effort Jan. 22, 2021. (U.S. Navy photo by Mass Communication Specialist Seaman Apprentice Minh-Thy H. Chu)

The American Freedom Law Center has decided to push state COVID mandates, those thought to violate the constitutional rights of residents, up to the Supreme Court.

The AFLC has filed a petition asking the court to overturn a decision by the 3rd U.S. Circuit Court of Appeals.

The original case challenged Pennsylvania’s COVID rules, and dates back to 2020 already.

In it, four state residents objected to “the Orwellian contact tracing program and mandate to wear masks, claiming that these restrictions violate fundamental constitutional rights.”

The petition explained, “The COVID-19 pandemic created a constitutional crisis. For years, American citizens, including Petitioners, were subject to constantly changing orders that imposed burdens on fundamental freedoms in a way that our nation has never experienced in its history. The cost of these burdens is incalculable. Unfortunately, many courts did nothing, abdicating their duty to say what the law is and allowing this assault on liberty to proceed largely unchecked.”

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It continued, “‘Determination by the [government] of what constitutes proper exercise of police power is not final or conclusive but is subject to supervision by the courts.’ … But this supervision is only effective if the courts are willing to exercise their authority to decide important constitutional questions. Unfortunately, the Courts’ justiciability doctrines (standing, ripeness, mootness) have become convenient excuses for lower courts to surrender their duty to say what the law is, particularly when dealing with the draconian and historic restrictions imposed during the recent pandemic.”

The case was against the governor, the attorney general and secretary of health.

“After denying a request for a preliminary injunction, the district court dismissed the lawsuit, claiming that the plaintiffs lacked standing to challenge the contact tracing program (even though they were subject to its restrictions and harmed by them) and that their challenge to the mask mandate was moot as the Department of Health unilaterally rescinded the mandate in June 2021, which was eight months after the lawsuit was filed, the AFLC reported.

The petition continues, “While the fear engendered by war, pandemic, or some other crisis might lead politicians, their attorneys, and yes, even judges of the highest order, to assert that patent violations of the Constitution are acceptable (or beyond judicial scrutiny) because public safety interests demand an exception to our most fundamental liberties, history teaches that we will look back on these arguments as ‘gravely wrong . . . overruled in the court of history . . . and . . . [having] no place in law under the Constitution.'”

IMPORTANT NOTE TO WND READERS: Shortly after Hamas terrorists fired over 5,000 rockets from Gaza into Israel on Oct. 7 and then proceeded to attack the Jewish state by land, sea and air – torturing, burning, beheading and murdering well over a thousand people, including women, children and infants, and wounding and abducting hundreds more – world reaction was, in its own way, almost equally shocking.

For after the biggest one-day mass slaughter of Jews since the Nazi Holocaust, what followed was an outpouring of celebratory demonstrations, unbridled Jew-hatred, deliriously gleeful support for Hamas and bitter condemnation of the nation of Israel. Not just in the Arab-Muslim world, but throughout the Western world as well, including all across America.

Why? What is behind the explosion of anti-Israel, anti-Jewish, pro-terror sentiment in the United States, where Israel has long been one of America’s closest friends and allies? Why are hordes of young “woke” LGBT demonstrators marching in support of Hamas – when Hamas wouldn’t think twice about binding and blindfolding them and throwing them off the roof of a tall building – as they routinely do in the Muslim world?

It turns out there’s one area of agreement that is so powerful, deep-seated and all-consuming that the vast differences between the deranged left and the murderous jihadists melt away into Kumbaya harmony.

All of this and much more is completely exposed in November’s issue of WND’s critically acclaimed monthly Whistleblower magazine, titled ISRAEL VS. GLOBAL JIHAD: How Jew-hatred, radical Islam and Leftism are pushing us toward World War III. Beyond a deeply insightful dive into why leftists are surging toward radical Islam – which hates and dreams of raping and butchering them – this Whistleblower issue includes fantastic articles by everyone from top Israeli analyst (and former Israel Defense Forces officer) Caroline Glick to Harvest Christian Fellowship’s Pastor Greg Laurie on the current war in Israel and biblical prophecies regarding the End Times … which he says are now upon us.

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Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.


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