The battles in the courts pitting red state governors against mask mandates comes down to executive authority and the length and scope of emergency declarations, according to legal expert Alan Dershowitz on Newsmax.
"It has nothing to do with whether you can have a mask mandate at all, as I said many times on your show very early on, the big issue is who gets to decide?" Dershowitz told host Carl Higbie on "Saturday Report," about a Florida judge blocking GOP Gov. Ron DeSantis for outlawing local or private mask mandates.
"Is it the governor or is it the state legislature or the city council? In a democracy, the governor, the executive, enforces the law. The executive doesn't make the law, except in cases of immediate emergency."
In the Florida case, Dershowitz noted, DeSantis has to abide by the state lawmakers determining local officials can make decisions on masks.
"So this was a case not about whether you can have mask mandates or not," he continued. "It was a case about who gets to decide, and the judge said the governor didn't have that authority. The legislature had already decided that towns and cities have the right to make decisions about masks."-- excerpt, rest at link above --
"I wish it need not have happened in my time," said Frodo.
"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
The Unfrozen Cave
»
»
All Things Wuhan Flu/Corona Virus/COVID-19
»
Alan Dershowitz to Newsmax: Courts Now Siding With State Legislatures
Unfrozen Cave Water Cooler
1
Print view
Sat Aug 28, 2021 6:00 pm
reply