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Whoops! Lawsuit by Del. Dan Cox (R-4th) against Gov. Larry Hogan over actions in response to the “alleged on-going Catastrophic Health pandemic” — nice touch, that “alleged” -- cites "Governor Northam" in one heading. A cut-paste artifact? freestatenotes.wordpress.com/2020/05/03/del…
Finally got done reading the lawsuit itself, which is just *amazingly* bad. Can't quite believe this was filed by a state delegate representing my own district, and joined by three other delegates. docdroid.net/g9MnDPg/federa…
If you make it all the way down to p. 92, you find the suit throwing in a claim under the Article IV, Sec. 4 "guarantee of a republican form of government" clause -- supposedly @GovLarryHogan has violated that, too, by not giving them their way. /3
Here's that bit. /4
Apparently the Commerce Clause creates a private cause of action against your governor messing with your commerce. /5
Back on the religion claims, note that a Norfolk federal judge has already rejected the TRO/preliminary injunction request in the case filed by Lighthouse Fellowship Church against Va. Gov. Northam from which this one was cut/pasted (that was fast). /6 politico.com/news/2020/05/0…
The handling of religious liberty issues in this is unlike anything I've seen. No effort to work from the lead case of Employment Division v. Smith, or carefully map the MD facts onto the case that won in KY. Instead yards of windy rhetoric. No way to convince a federal judge. /7
A military veteran client is brought in on p. 72 to allege that it violates his rights to see *other* people wearing masks because it reminds him of subordination and capture in the Middle East. /8
Accompanying a business client's financial woes is a gratuitous swipe at Frederick County Executive @JanGardnerExec who supposedly is menacing them with a tax sale -- as if she herself were in charge of doing so rather than county agencies. Who's the target reader? The judge? /9
This lawsuit is a train wreck from which I couldn't avert my eyes. And I don't envy Dels. @neilparrott, @delwarmill, and @RobinGrammer, who are stuck on board it with @DelegateCox. /10, efn
This morning @DelegateCox went on the @wfmdbob show on @930WFMD and said, at 2:00, "We do know that the vast majority, ninety-nine percent of the population, is not in danger with this virus. And that's the science." omny.fm/shows/bobcast/…
And there’s more! Today, @sbagen analyzes the parallel Michigan suit that also includes a “guarantee of republican form of government“ claim. He notes that last year the Chief Justice confirmed that’s a non-starter. /12
I didn’t try to get into the suit’s claims under the Maryland Constitution, but under what is known as the Pennhurst doctrine, a federal court isn’t going to hear them anyway. Let @sbagen explain: /13
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