Kate Brown is playing a dangerous game with the Health and economic welfare of Oregonians by suspending EO-03, which started the entire lock down on March 8, 2020, in order to avoid losing control of the CV-19 narrative and forcing her to re-open Oregon’s economy.
Under a “Stay” order forced by Brown earlier today, by Baker County Circuit Judge Matthew Shirtcliff, ruling the lockdown violated emergency powers that can last only 28 days without legislative approval. Approval that was never sought by Brown.
However, Brown’s administration had anticipated this ruling by issuing EO 20-25 on 5/14/20 and suspending 20-03 today. The State of Oregon appealed this to the Oregon Supreme Court arguing that the case be dismissed immediately due to EO 20-03 no longer being in effect as it was suspended already and holds no bearing anymore in the existing suit. The Oregon Supreme Court today put the ruling on hold which the “restrictions will remain in effect while the court hears arguments in the case.”
There is recent precedent here in the case of United States v. State of NY, whereby SCOTUS had originally agreed to hear a 2A case but instead pushed the case back to the appellate courts due to NY rescinding the law in question. SCOTUS said there was no case if the law didn’t exist.
In a nutshell Brown’s administration is attempting to run out the clock until November and keep Oregon locked down under 20-25, which by the way, also criminalizes any non-compliance under the color of law. Well, it is not the law. EO 20-25 is executive governance by dictatorial fiat. If the existing suit is dismissed it could take weeks to put together another suit to put EO 20-25 into the dust bin of unconstitutionality as we see it. By then our economy will be completely devastated across the entire state with large swaths of small businesses never to return. Period.
Update: From a reader. “Hi James, I’ve seen your recent article, and I”m not sure it’s correct. Here’s my understanding: EO 20-03 was not rescinded and EO 20-25 was issued under the powers granted in 20-03. EO 20-25 was also ruled as null and void. “This court finds that when the Governor utilized the provisions of ORS 433.441 in her executive order, she triggered all the provisions of ORS 433.441 including the time restrictions,” the judge wrote. “By doing so, the executive order [Initial EO 20-03] became null and void beyond the maximum 28-day time period allowed by the statute. Moreover, by not complying with (the) timelines, the Governor’s subsequent Executive Orders 20-05 through 20-25 are also null and void.” Obviously, the courts are still deciding this, but she can’t issue EO 20-25 without having emergency powers, and EO 20-03 was the order that gave her those powers. EO 20-25 didn’t re-issue her emergency powers.
In fact, EO 20-25 specificially states that EO 20-07 through 20-12 are rescinded and replaced. It doesn’t not rescind 20-03. Look at page 12; https://www.oregon.gov/gov/Documents/executive_orders/eo_20-25.pdf
And politicians wonder why they are hated.
Cool then I expect more rounds of stimulus checks and not to pick certain county’s ..
Alot of people where i live are not from here they dont listen our beaches are full there just spreading the virus not even 6 feet away is being used should have kept oregon closed now its going to get bad
Yep! She’s going to draw it all out to try to get to our President!! I am so sick of her control!!!
I live in Jackson County and our law enforcement stated they would not police one’s opening. Josephine County is our neighbor and the law also has the same beliefs
No way. We must speak up and rebel.
Kate Brown has no empathy for Oregonian’s livlihood. All this misery for us Citizen’s just for Brown to feel empowered by our suffering
I don’t understand how law enforcement can live with themselves enforcing Brown’s tyrany on the people they have sworn to serve and protect
Kate Brown and Police have no shame!!!
Why are we not arresting these GOVERNORs? This should be criminal!!!
The President is the criminal.
Ok Jerry you convinced me. Fucking douchebag
Our president left it in the hands of our governors. Rightly so beings most governor’s would do right by the people. Oregon being the exception. Kate has her own agenda not the people’s like our president
Jerry, you must be an illegal immigrant.
Oregon Governor Kate Brown has quietly solicited millions of dollars in campaign donations from state vendors, key people, employees, or their affiliated corporate political action committees.
While national progressives decry corporate money as a pernicious influencer in politics, state records show that Governor Brown, a liberal luminary, has embraced the highly unethical practice of soliciting campaign cash from state contractors.
Our auditors at OpenTheBooks.com found 557 state vendors gave $2.6 million in political donations to Brown – as Secretary of State and Governor – since 2012. These donations represent the equivalent of 100 percent of the governor’s current cash on hand in her campaign committee, according to recent disclosures. Meanwhile, these companies have reaped $4.4 billion in state payments.
Since 1940, at the federal level, individuals and entities negotiating or working under federal contracts have been prohibited from giving political cash to candidates, parties, or committees.
Oregon has been stolen by liberals in a small area of the state. The idea that Oregon can ever be taken back is probably only a pipe dream. We need a state of Jefferson, an opportunity to join the state of Idaho, or a state of Eastern Oregon. There are no other options that will give us back our independence from the tyranny of Liberal Democrats in the Valley. This is not a drill folks. It is real. We are floating in a sea of liberal debris that will only get worse if we don’t do something real soon.
Article 1 Section 22 Oregon State Constitution ” The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly”.
Article 1 Section 26 of the Oregon State Constitution “Assemblages of people instruction of Representatives application to Legislature. NO laws shall be passed restraining any of the inhabitants of the state from assembling together in a peaceful manner to consult for their common good morning from instruting their Representatives nor from applying to the Legislature for redress of grevances.
United States Executive Order 13224 Patriot Act. Government only needs “reasonable basis” for believing that some one is involved with or supports terror in order to designate him as such. Target is generally given no advance notice and no hearing. He may request reconcideration and submit evidence on his behalf but the government faces no deadline to respond. ( Kathleen Brown had made private pacts with China, AFTER President Trump closed down and banned traveling from China, yet she insisted to continue undermining Oregon’s economy. It is believed she has made a pact with them to auction off some of the carbon credits existing in the Cap and Trade Bill to China. Secondly she has allowed illegal immigrants who are known flight risk and a danger to society to be released from jail and refused to allow ICE to do their job by denying ICE the right to arrest these individual and return them to their natural home lands.
U.S. Emergency Proclamation Under IEEP (Which is still in effect) Any american inside the U.S. who offers material support to the asylum seekers, or for that matter, to undocumented immigrants inside the U.S.– Poses “an unusual and extra ordinary threat” to national security, and authorize the Treasury Department to take action against them. Such a move would carry echos of a law passed recently in Hungary, that criminalized the provision of financial or legal services to undocumented migrants.
Let me make a suggestion Delores. Condense your comment into a fashion that makes sense for all of us. 50 words or less would be nice.
Where does November come from??? I cannot find anything that states EO 20-25 is until November, there’s no date mentioned for expiration. I thought it was indefinite.
But what does the election have to do with this?? Kate isn’t up for re-election until 2021 or 2022, and she can’t be re-elected from what I thought??
Can we still go to the Coast for vacation? Or when we drive out there is everything going to be closed?
I’m having a hard time understanding what this means.
The Stay Home Order is lifted, but with restrictions.
Businesses are opening up and people are going back to work!
Is she trying to put back into place The Stay Home Order meaning where we were two weeks ago? Businesses were shut down with the exception of the essential workers and we had to stay home?