Tennessee has more than 18,000 lawyers, and not one of them brought a case with legs, or that brought a case with the right question.
By David Tulis / NoogaRadio Network
And that right question is: Can the government act on a presumptive agent of contagion? And can it act on the people en masse, as awhole, apart from due process, violating federally guaranteed rights in the process? The answer is in Tennessee: Yes. And in the other states, too.
Our case has phone conference set Feb. 24 among the three parties. I represent state of Tennessee. Janet Kleinfelter from the AG’s office represents Bill Lee, governor. Sharon Millings of Hamilton County attorney’s office (Rheubin Taylor) represents Becky Barnes, administrator of the health department, now retired. Serving the government’s redefinition of public health in the county is Sabrina Novak.
State laws drafted in the early 1900s set out how the health power is to operate, and it is never en masse, or on presumption. In Tennessee, the state has to make a “determination” of the agent of contagion, also called the “contagious principle” in the health code at Title 68. It did not make such a determination, which would very likely have required obtaining an isolate of the so-called SARS-CoV-2 or “Covid-19.”
Support journalist demanding hearing in supreme court
As far as I know, no one has isolated Covid-19. Gov. Lee and Mrs. Barnes admit violating the law. The first says he is not under “any duty” to obey the law. She says she is exercising discretion in avoiding her duty to the entire law on grounds that step No. 5 uses the phrase, “as may be necessary.”
Our case gives the court a clear option if it wants to head off future “pandemic” emergencies upon which the hoped-or future biosecurity state is build, incident by incident, rule by rule, law by law, program by program. It can defend federal rights in the states and slap Tennessee state actors back under statute and the Tennessee constitution, one that Thomas Jefferson says is the one among the states with the fewest defects.
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Thank you for your interest. I am under a press blackout of amazing density and persistence. I have been largely aided by donations to my legal fund during this most exciting combat for liberty and genuine godly health.
Rising death toll across U.S., TN