Yo Governor(s), You've Been Struck Down

[Wake-up!]

"A federal court in Pennsylvania this week has become the first in the nation to rule that the lockdown, social distancing and essential workplace regulations imposed by Gov. Tom Wolf are unconstitutional. The judge found that the governor's orders were so inconsistent, so bereft of any rational basis or scientific model, and so ignorant of the Constitution the governor swore to uphold that he invalidated all of them.

Wolf argued that, in the name of public safety, he can arbitrarily decide in what venues one can assemble and in what venues one cannot. For example, Wolf permitted huge assemblies in Walmart, but no assemblies in small family-owned stores that sell the same products as Walmart. The court invalidated that distinction as unrelated to any legitimate governmental purpose.

The second and third issues addressed were the right to travel and the right to work. The court recognized that Wolf's arbitrary designation of occupations as essential or nonessential had no basis in the Constitution. As well, the practical effect of compliance with those designations was to keep some folks at home and to allow others to travel to work. Yet, the right to travel — across the street or across state lines — is a fundamental liberty and thus protected by substantive due process. Wolf and his team could not meet the high standard needed to interfere with it.

Most importantly, the court found that the right to work in a calling of one's choosing is protected by substantive due process. Stated differently, this federal court is the first in the modern era to characterize the right to work as fundamental. Therefore, government may only interfere with it for compelling reasons and using the narrowest means possible.

No governor in America who has persisted in interfering with this right during the pandemic has met this high standard."

The full article is here, including Judge Napolitano's usual 'back story';  https://www.lewrockwell.com/2020/09/andrew-p-napolitano/a-constitution-of-some-authority/

[For the few freedom-lovers that read this dwindling Forum, the question is whether the next level of the Federal tyrannical court system will uphold or reject this Judge's decision. Any bets?]