I was very happy to hear that the Finney Law Firm and the 1851 Center for Constitutional Law have joined forces to sue Dr. Amy Acton and the Ohio Department of Health over the mandatory business closures that were imposed in Ohio due to the Covid-19 scare which was set forth without due process hearings. Of course the DeWine administration will say that time is of the essence and they had to act fast to save lives, so to Hell with due process, but it’s the kind of situation that must be fought out if not in the streets, then in court. The conflict must happen. I would say that getting Chris Finney and his law firm involved, which I have covered him on several other issues on this site over the years, is the best thing that could be considered a “next stage” enterprise. In previous cultures bad things might have happened to Amy Acton due to the way her decisions imposed themselves on the freedoms of all our lives. This method of challenging what she had done is far better than making a belt out of her, but let’s not forget, the basic tenants of the American Constitution require all people to be a bit combative when it comes to the enforcement of the law and the conduct of a civil society. As much as I’ve written over the years on these matters let me remind everyone, which is quite obvious on my profile page that explains why I run this blog site, is my love of literature and specifically the two main books that shaped our Constitution, the Federalist Papers and the Anti-Federalist Papers. I am never far from those two books and I refer to them often, along with the Ohio Constitution several times a week now for decades. I consider them beautiful works of art and the premise behind them is constructive conflict, and if there was ever a need for it, this ridiculous reaction that the United States had to the Covid-19 invasion is it. The ultimate costs of bad decisions by the politicians in charge is incalculable at this point and there needs to be some punishment inflicted. Legally is always better than with violence, but justice must be heard.
I’ve been saying it from the outset, the coronavirus shutdowns, the social distancing, the whole “saving the lives by staying home together” was a foreign attack on the American way of life, and we should have been taking up arms against it, not cowering in fear like a bunch of terrified children letting it ruin our lives. Maybe it was easier for me to see since I am a very avid reader with thousands of books in my wake. I’ve read everything from War and Peace, Finnegan’s Wake, to the Canterbury Tales—and enjoyed them. I would throw Atlas Shrugged in there as well, my son in law was just laid off this week from a very good job purely because of how politicians ruined our economy over the coronavirus and that book came to my mind—almost verbatim to the conditions of that story. Once you’ve seen the heart of mankind from such a god-like perspective as written works of art, it makes understanding big picture problems much easier to decipher. What was imposed on our culture was wrong, and it was completely un-American. The land of the free and the home of the brave don’t hide in homes terrified of a silly virus. And it is not our obligation to “slow the spread” to help the health care industry with their capacity. That is a free market problem and the health care industry needs to be ready for whatever comes, at all times because profit is their motive. Not a government that has overregulated the industry so that only complacent minds are left who follow orders too quickly without question and have lost their imaginations to solutions that Covid-19 actually required. Trump tried to use such ideas from the outset by seeing the problem, Covid-19 was spreading fast. So he suggested taking hydroxychloroquine and to get back to their lives. The doctors said, “no, we need more trials until we get a vaccine. Keep America shut down for the next 18 months.”
The insistence that a government bureaucracy knew best and that we were supposed to suspend our lives waiting for them to get their act together is the heart of any legal argument that will emerge from this dispute, for which the Finney Law Firm is basing as a foundation by the nature of the incursion. Amy Acton in this case is the target because Governor DeWine deferred the control of the state over to her and it was her decisions that made the problem much worse, the solution was far worse than the problem especially when she insisted on using global models from hostile foreign governments as her bases for the decision making process. Many of these governors, especially in the Blue states, which Ohio isn’t, but it behaved that way especially when DeWine overruled a judge to shut down the primary elections in March just hours before the polling places were to open—they don’t want what happens next which are many court cases where they will be lacerated due to their violations of constitutional liberty. DeWine isn’t a dummy to the law, he used to be the attorney general of the state and a prosecutor. He thinks he was functioning from legal ground due to the emergency powers afforded to him under the Constitution of both the federal government and the state. However, his inability to provide timelines is at the heart of the problem, and to continue to move the goal posts during the entire ordeal. Most of the governors of the United States abused their power under the emergency conditions and those are prosecutable offenses. Amy Acton may have been well meaning, just like an airplane pilot, but if they crash land an aircraft on a busy highway and end up destroying lives and money, they are going to be prosecuted for neglect. Amy Acton certainly destroyed many lives directly connected to her decisions and good intentions are not a defense. Many governors can see that bad things are coming for them and they’d love for this crises to go on forever, because the day to pay is coming and it won’t be pretty.
But we just can’t let this go, just as the DeWine administration declared that we would never be allowed to go back to a normal life until there is a vaccine for coronavirus—as if it is his mandate to protect us all from every danger that there is. In the legal world everyone sees what he’s doing, the setting the goal post way out there to protect his bad decisions and to keep legal entanglements wrapped in uncertainty to cover for his own Constitutional violations. That is why even as this virus scare is declining, the governors’ restrictions are increasing as people are now being pushed to wear masks in public to slow the spread, because the politicians need a boogieman to blame for why they abused their power, and overstepped their mandate. It has nothing to do with safety or concern for the public. Its to protect their own asses for overstepping their powers and ruining countless lives and placing the states in billions and billions of further debt. And because of that, the burden to challenge them falls on us through protests, court challenges, and other means of defiance. Laws are one thing that have been debated in congress and within our senate chambers, but made up crap from some health freaks who step over the legislature to enact laws that change our lives drastically, and bring harm to our economy are not acceptable and the due process that we are all promised is going to play out in some form. Court challenges are a good resort over physical violence, but we are talking about an either-or situation. And the longer governors try to hide behind safety, the more violent the protests will become, so it’s better to pay now than later, because things could get out of control quickly—especially when so many lives have been ruined by the dumb decisions of the politicians who were in charge.
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