Posted on by Californiacontrarian

Rule 2.13

This is just one example of how various “Health Commissioners” abused their power, and how some governors went right along with this power trip like sheep.

From Epoch Times:

Until July 8, the New York Department of Health had immense power to enforce quarantine measures on citizens. It received this power from the state’s Rule 2.13.

Legislators never voted to allow the New York Commissioner of Health to put any individual into quarantine for any length of time. Gov. Kathy Hochul and the Department of Health ordered the rule’s protocols during the COVID-19 pandemic. Then, the state renewed Rule 2.13 every 90 days. The commissioner wanted to make the rule permanent, respondents told the court.

A New York judge overturned 2.13, a law that allowed the state government to place even healthy citizens in quarantine camps for an indefinite time without review.

The court barred state enforcement of Rule 2.13 because the executive branch lacked the authority to introduce it. But the court decision also condemned the rule for its failure to consider individual freedom or due process.

Previous New York laws about quarantine protected individual rights, it added. But Rule 2.13 put all power into the hands of the commissioner of health, the document stated.

But Rule 2.13 allowed the commissioner to order quarantining for anyone, anywhere, at any time.

People isolated under the rule only got a judicial review and the right to a lawyer after they were put in quarantine, the court wrote.

This order offered only “lip service” to constitutional due process.

“You can’t make laws or rules that don’t have protections built in to protect the citizens,” said pro-bono attorney Bobbie Ann Cox.

Imagine that! … The judge ruled that only the legislature can make laws. In addition the judge said that you just can’t lock people up based on some arbitrary decision by an “unelected pseudo-official health know-it-all” without some sort of hearing or trial.

New York Democratic Governor Hochul is no innocent bystander here. She is a lawyer and therefore should have realized the rules of the game. Could it be that “power” played a role in her supposed naïveté? … Duh!

Laws like the New York’s 2.13 still exist in other states, and hopefully the courts will continue strike them down.

BTW: I doubt that you will read or hear about this decision in the MSM as it goes against their preconceived opinion. Likewise you probably will not hear about it on Twitter, as Twitter that recently imposed a blockade on all content from The Epoch Times without explanation, raising further concerns about freedom of speech on the platform and drawing ire from three U.S. senators. (Because of pressure, Twitter has since reversed its stance.)

8/18/22

californiacontrarian

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