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alp227

(31,961 posts)
Thu Jun 25, 2020, 08:29 PM Jun 2020

Court rebukes Justice Department move in Hawaii quarantine case

Source: Politico

A judge appointed by President Donald Trump has rebuffed the administration’s bid to bolster a lawsuit challenging Hawaii’s strict quarantine rules for those arriving from out-of-state.

The unexpected move by U.S. District Court Judge Jill Otake in Honolulu appears to be the first serious judicial resistance to the drive that Attorney General William Barr announced in April to scrutinize state and local lockdown measures aimed at containing the coronavirus.

Earlier this week, the Justice Department issued a routine news release announcing that it had filed a “statement of interest”— essentially a friend-of-the-court brief — arguing that an order issued by Gov. David Ige of Hawaii imposing a two-week quarantine unconstitutionally infringes on the rights of nonresidents seeking to visit the state.

Most courts have received such briefs with little controversy, but Otake quickly fired off an order questioning the federal government’s right to submit a brief without court permission and accusing the Justice Department of raising legal issues not raised by the plaintiffs, who are mostly out-of-state residents with property in Hawaii.

Read more: https://www.politico.com/news/2020/06/25/hawaii-quarantine-case-justice-department-339964



More info about Judge Otake via the Federal Judicial Center: https://www.fjc.gov/history/judges/otake-jill-aiko
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Eliot Rosewater

(31,097 posts)
1. Barr and GOP were so excited when they realized they can kill millions of us and not lift
Thu Jun 25, 2020, 08:38 PM
Jun 2020

a finger, but some judges are putting up resistance, good for them.

diva77

(7,604 posts)
2. Sometimes these articles have so many double negatives, I have to draw a diagram to figure out who
Thu Jun 25, 2020, 08:39 PM
Jun 2020

is advocating what.

erronis

(14,954 posts)
3. Totally agree. And isn't that part of why lawyers make big$$$? I look to emptywheel.net and her crew
Thu Jun 25, 2020, 08:48 PM
Jun 2020

to help me decipher these ands, buts, wherefores.

Marcy is an expert at drawing timelines and who did what, when. Usually figuring out the why also.

PoindexterOglethorpe

(25,746 posts)
4. I guess they just are bothered that Hawaii has the lowest cases per million of population
Thu Jun 25, 2020, 09:01 PM
Jun 2020

of any state.

I mean, how can we possibly be number one in number of cases and deaths if every state doesn't do their share?

I hope I don't need the sarcasm thingy.

tirebiter

(2,520 posts)
5. Out of state residents with property sounds like B+B renters
Thu Jun 25, 2020, 09:10 PM
Jun 2020

Not enough housing for residents as it is. Hawaii has had to get tough with homeless folks already.

Cha

(295,911 posts)
6. I hope it holds.. I hate trumphuckers Fucking with the health of my State.
Thu Jun 25, 2020, 09:18 PM
Jun 2020
Lawyers from the state attorney general’s office also disputed the federal government’s contention that nonlocals were being discriminated against.

“The self-quarantine requirement does not discriminate against non-residents at all,” lawyers for Ige wrote. “It treats non-residents exactly the same as returning residents, since both are subject to its requirements.”

They also noted that courts tend to construe the privileges and immunities narrowly, allowing all sorts of legitimate distinctions between locals and those who live out of state.

“The protection of public health is manifestly a valid reason, not an improper one,” the state’s attorneys added.

littlemissmartypants

(22,418 posts)
7. They're trying to do the same thing in NC.
Thu Jun 25, 2020, 10:52 PM
Jun 2020

"The protection of public health" is a phrase we don't hear enough. I'm sick to death of these mouthy mouth breathers.

Stay strong, Cha.

❤ lmsp

Cha

(295,911 posts)
8. Of course they are.. Sorry,
Thu Jun 25, 2020, 10:58 PM
Jun 2020

littlemissmartypants!

My sister & her family live in Asheville but they're in upper state NY now for the Summer & Fall.

You stay strong, too, and Mahalo!

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