There is a battle going on for our freedoms this week. And very few Americans are even aware of what is at stake.
New York attorney Bobbie Anne Cox single-handedly goes up against the State of New York this week, after the state appealed a New York State Supreme Court ruling that a so-called “quarantine camp” regulation (“Isolation and Quarantine Procedures”) issued by Governor Kathy Hochul was unconstitutional.
The order concerns quarantine of citizens by the state government. Like other states, New York already has in place laws regarding quarantine of the citizenry – laws duly passed by the elected state representatives. Those laws were crafted by legislators (whose job it is to do this work) and passed by a majority vote of both Assembly and Senate and signed by the governor. That law not only provides for protecting the public by use of quarantine, but also includes protections for individual rights.
There are problems with the governor’s action.
- The executive branch does not have the power to make laws under the constitution. That is reserved to the legislature.
- With one state executive branch taking power not given to them constitutionally, it creates a precedent that could be used similarly for other issues to violate the rights of citizens on a host of other issues – not only in New York, but in all the other states as well.
So, what is in this regulation, you ask? It has to do with quarantine of the citizenry. There is a history of government-mandated quarantine during times of epidemics in our country. Whether or not the existing laws have been misused against individuals is another debate (see the case of Typhoid Mary, for example, who was imprisoned for more than 23 years under the quarantine law of the time).
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