Court rebukes Justice Department move in Hawaii quarantine case
Source: Politico
A judge appointed by President Donald Trump has rebuffed the administrations bid to bolster a lawsuit challenging Hawaiis 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 governments 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
Eliot Rosewater
(31,097 posts)a finger, but some judges are putting up resistance, good for them.
diva77
(7,604 posts)is advocating what.
erronis
(14,954 posts)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.
diva77
(7,604 posts)PoindexterOglethorpe
(25,746 posts)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)Not enough housing for residents as it is. Hawaii has had to get tough with homeless folks already.
Cha
(295,911 posts)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 states attorneys added.
littlemissmartypants
(22,418 posts)"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)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!