Shot in the Dark

Rational Basis

Joe Doakes from Como park emails:Joe Doakes from Como park emails:

Every government regulation restricts some individual’s freedom. It wouldn’t be a regulation if it didn’t.

A government regulation which affects similarly situated individuals must treat them similarly. That’s what the Equal Protection Clause of the 14th Amendment is all about.

To survive an Equal Protection challenge, the government regulation must be rationally related to a legitimate government purpose.

The U of M concedes the Covid vaccine doesn’t halt the spread of Covid but intends to impose a vaccine mandate anyway.

St. Paul and Minneapolis require vaccine or proof of negative test to enter bars and restaurants.

All three government entities insist the regulations are based on SCIENCE. But other government entities in the state have not enacted similar regulations. There is no scientific reason why restaurants in St. Paul would be deadlier than Maplewood, why Manny’s Steak House would be deadlier than Lord Fletcher’s, why a student with natural immunity is deadlier than a vaccinated student.

The regulations do not treat citizens similarly. There is no rational basis for the difference. The different regulations violate the Equal Protection Clause of the 14th Amendment to the United States Constitution.

In the olden days, there were organizations which cared about such things, the American Civil Liberties Union, for example. They ought to be in court every day, suing on behalf of individual rights. They’re not. Nobody is.

Why doesn’t anybody care about Constitutional rights more?

What happened to us?

Joe Doakes

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7 responses to “Rational Basis”

  1. Mammuthus Primigenesis Avatar
    Mammuthus Primigenesis

    We have been ruled — I won’t say governed — extra constitutionally since March of 2020.
    Journalism is supposed to approach the government with skepticism. Did you see that at Biden’s loopy “press conference” the other night?
    The ACLU was taken over by the woke more than a decade ago. The ACLU is now against free speech and equal treatment under the law. It is in favor of racial discrimination.

  2. Joe Doakes Avatar
    Joe Doakes

    The Constitution was a bold experiment but it failed. Too much human nature against it. Too few honorable people for it.

    In 1789, the great world powers were ruled by kings sharing power with nobles. The titles changed by country, but in every instance, the lords had superior political power and personal privileges over the commoners.

    The Constitution version 1.0 abolished all that. It lasted until 1861 when it died in the War of Northern Aggression. Lincoln suspended it, then killed it.

    The Constitution version 2.0 lasted until 1932, when it was gravely injured by Franklin Roosevelt’s New Deal, and it eventually succumbed in 1965 when Lyndon Johnson weaponized immigration and welfare to turn government against the citizenry.

    The Constitution version 3.0 lasted until January 21, 2021, when Congress knowingly certified a stolen election, installing a senile usurper in office. Nobody pretends Lesko Brandon is running the government; we’re back to the pre-Constitutional days when certain classes had power and rights which the common people lacked.

    The social compact has been changed. Pray they don’t alter it further. The next step backwards is outright slavery.

  3. Mammuthus Primigenesis Avatar
    Mammuthus Primigenesis

    For the constitution to be sustained it needs support from institutions, that is, from businesses, academia, the press, etc. That support has vanished.
    That’s one reason why the Jan 6 committee and the bleats about “our democracy” are so easily mocked. Where were these champions of democracy when governors unilaterally shut down businesses, confined people in their homes, and demanded that they wear a strip of cloth across their face holes?
    But, “Gasp! Some hillbilly sat in Nancy Pelosi’s chair! Call out the national guard!”

  4. justplainangry Avatar
    justplainangry

    Soros and his cabal of globalists have won?

  5. Rat Emery’s unwholesome urges for his son Avatar
    Rat Emery’s unwholesome urges for his son

    Well put, JD

  6. Night Writer Avatar
    Night Writer

    Well, some bars and restaurants in Minneapolis care about constitutional rights: they’re now suing Frey and the City over the vaccination mandate.

  7. Mammuthus Primigenesis Avatar
    Mammuthus Primigenesis

    Frey believes that his position is popular with his supporters. There is no science behind it. But Frey can’t say “I am reinstating the mask mandate because it is popular with my political supporters.” anymore than he could say “I have placed my photograph on the wall of every public building in Minneapolis. All who enter these places must salute it.”
    But he can say “As a matter of public health, I have placed my photograph in every public building in Minneapolis. All who enter these buildings must salute it, because this will slow the spread of covid.”
    So sue him. Make him explain to a judge that his mandate is legal and necessary to protect public health.

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