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Covid Restrictions And Mandates Imposed By “The Whims Of Public Health Bureaucrats” Are Illegal, Missouri Court Rules by Brownstone Institute

The Circuit Court of Cole County, Missouri, Judge Daniel R. Green presiding, has issued a sweeping judgement against Covid restrictions and mandates imposed by the Department of Health and Senior Services, November 22, 2021. Cole County is located in the center of the state and its largest city is Jefferson City, the state capital. The decision begins: “This case is about whether Missouri’s Department of Health and Senior Services regulations can abolish representative government in the creation of public health laws, and whether it can authorize closure of a school or assembly based on the unfettered opinion of an unelected official. This Court finds it cannot.” The case is decided on grounds that the edicts clearly violated the traditional separation of powers between the legislature and the executive. The legislature cannot surrender its power to make law to an unelected bureaucrat, either by constitutional tradition in a Republican form of government or under the Missouri Constitution. “Separation of powers among the three branches of government – legislative, administrative, judicial – is fundamental to the preservation of liberty. DHSS regulations break our three-branch system of government in ways that a middle school civics student would recognize because they place the creation of orders or laws, and enforcement of those laws, into the hands of an unelected administrative official.” “The state delegated rulemaking power to an administrative agency, and the administrative agency, has in sum, delegated broad rulemaking power to an unelected administrative official. This type of double delegation, which results in lawmaking by an administrative entity, is an impermissible combination of legislative and administrative power.”
https://brownstone.org/articles/covid-restrictions-and-mandates-imposed-by-the-whims-of-public-health-bureaucrats-are-illegal-missouri-court-rules

From Dr. Vernon Coleman
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