CLEVELAND, OH – Read American U.S. District Court Judge William Shaw Stickman IV’s 77-page ruling that the business closing and sheltering in place orders of Pennsylvania Governor Thomas Wolf and his quack health director, Russian American Dr. Rachel Levine, were unconstitutional. They’re the Pennsylvania equivalent of the two lying lunatics who fucked over Ohio. Irish Catholic Governor Richard “Little Dick” Michael DeWine and his ex-quack director of health, Russian American Dr. Amy Stearns-Acton.
Levine and Stearns-Acton have ancestral roots to Communist Russia. DeWine’s Irish Catholic roots are to a nation that aligned with Adolf Hitler’s Nazis against Irish Protestants during World War II. Criticism of the Communist and Nazi-inspired acts each governor took in their malicious attacks on American civil liberties is historically accurate.
Stickman was appointed by President Donald Trump last June and confirmed by the U.S. Senate in July 2019. Stickman’s ruling as a federal judge subtly encompassed his boss’ thoughts about the Communist-like closings governors like Wolf and Dewine engaged in by using language from the 1954 Communist Control Act in his denouncement of how Wolf arrived at his unconstitutional decisions. Here’s how.
The state of Pennsylvania’s legislature, like Ohio and every other state, enacted “general laws” giving governors, health directors and other officials specific duties to use their offices to discharge in mitigating pandemics. Ohio has 26 laws in its revised code that instructed DeWine, Acton and the state’s county and municipal health boards in the 88 counties on the same.
Pennsylvania has a state constitution just like Ohio. Under Article 12 of Pennsylvania’s constitution it reads, “Power of suspending laws. No power of suspending laws shall be exercised unless by the Legislature or by its authority.” Similar language is in Article 1.18 of Ohio’s constitution. “No power of suspending laws shall ever be exercised, except by the general assembly.”
Under the Anglo-Saxon form of government the United States functions uniformly and discharges its duties through the proceedings of its governing bodies in public. It’s why we elect representatives to serve us on city councils, state legislatures and in Congress. There is no “one man rule” in this nation. Stickman’s ruling made that point clear for all the idiot Communist-mayors and council members following DeWine’s “Nazi” azz.
“While respecting the immediate role of the political branches to address emergent situations, the judiciary cannot be overly deferential to their decisions. To do so risks subordinating the guarantees of the Constitution, guarantees which are the patrimony of every citizen, to the immediate need for an expedient solution. This is especially the case where, as here, measures directly impacting citizens are taking outside the normal legislative or administrative process by Defendants alone. There is no question that our founders obhorred the concept of one-person rule. They decried government by fiat. Absent a robust system of checks and balances, the guarantees of liberty set forth in the Constitution are just ink on parchment. There is no question that a global pandemic poses serious challenges for governments and for all Americans. But the response to a pandemic (or any emergency) cannot be permitted to undermine our system of constitutional liberties or the system of checks and balances protecting those liberties. Here, Defendants are permitted to act with little, if any, meaningful input from the legislature. For the judiciary to apply an overly deferential standard would remove the only meaningful check on the exercise of power.”
All meetings of local, state and the federal governments in this nation are public unless they’re held behind closed doors for national security purposes, investigations or to discuss pending litigation and trade secrets. The records of governments in this nation are public.
The public, citizens, have a right to offer input about the matters of public concern elected and appointed officials are discussing; and to review the records associated with how officials arrived at their conclusions. Even on the final vote of a legislative body the citizens have the final say through “referendums” if they choose.
There is a section in Title 50, Chapter 841 of the United States Code identified under the heading, “Findings and declarations of fact” regarding the outlawed Communist Party that has re-imaged itself as “Progressives” inside the Democratic National Committee. Congress clearly outlawed the Communist Party but its followers are “subversive” and “infiltrating” in nature.
What readers should see within the text of the “Findings and declarations of facts” that describes the “nature” of the Communist Party are “specific acts” Congress saw as associated with the “characteristics” of Communism that Communist-friendly politicians have infiltrated their way into local, state and national elected offices.
The Congress finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed.
In reading Stickman’s opinion, the influence of the Communist Control Act appears to be of concern to him in the time he spent establishing the facts behind how Wolf’s orders were envisioned, who envisioned them and how Pennsylvania’s governor participated in the discharging of his official duties from a “work ethic” perspective. Stickman made note that Wolf’s secret team of advisors met outside the view of the public hundreds perhaps thousands of times to come up with “orders” and “policies” that circumvented the U.S. Constitution and the state’s laws to implement them.
The point was clearly made that Wolf did not attend the meetings or read anything his expert advisors created. He relied, like DeWine and Cleveland Mayor Frank Jackson, on “calls” or “reports” from them on “key” issues.
None of the acts Wolf and his state director of public health were taking, like in Ohio, complied with the laws enacted by the general assemblies of either state. They didn’t even follow the official pandemic-mitigating guidelines offered by the Centers for Disease Control.
When questioned to define how they arrived at which businesses were essential and which were not, Wolf’s secret advisors told the court they relied on the National Association of Insurance Commissioners Standard Industry Codes (NAIC SIC). The problem Judge Stickman quickly identified was that the businesses weren’t described by the terms “essential” and “non-essential” in the NAIC SIC. It was evidence they’d just made up some “arbitrary” bullshit to justify unlawful acts.
None of Wolf’s advisors were medical or pandemic experts. Levine, the top health doc, like Stearns-Acton is a pediatrician.
Quarantines have been used throughout history to slow the spread of infectious diseases by isolating the infected and others exposed to the disease. Statutes enabling quarantine in times of disease date to colonial times. Pennsylvania did it in the time of William Penn – mainly directed at passengers and cargo from incoming ships. Those powers are set forth in the Pennsylvania Diease Prevention and Control Law of 1955.
The Plain language of Pennsylvania’s health laws [like Ohio’s is language I’m adding] makes clear that the lockdown effectuated by the state at home orders is not a quarantine.
The state tried to argue that bars, saloons, vaudeville shows and other cabarets and businesses were closed. But an examintion of the history of he mitigation efforts in response to the Spanish Flu – by far the deadliest pandemic in American history – reveals that nothing remotely approximating lockdowns were imposed.
The fact is that lockdowns imposed across the United States in early 2020 response to the Covid-19 pandemic are unprecedented in the history of our Commonwealth and our country. They have never been used in response to any disease in our history. They were not recommendations made by the CDC. They were unheard of by the people this nation until this year.”
Judge Stickman based his ruling on the evidence that none of the officials whose oath sworn mandates were to obey constitutions and laws, and discharge the duties of the elected and appointed public offices they held, followed them as written. He made note of the “policies” Wolf’s team of advisors whose meetings were not public created in place of the state’s unsuspended general laws that sought to indefinitely restrict the civil liberties of the Pennsylvania’s American citizens.
What were initially billed as temporary measures necessary to “flatten the curve” and protect hospital capacity have become open-ended and ongoing restrictions aimed at a very different end – stopping the spread of an infectious disease and preventing new cases from arising – which requires ongoing and open-ended efforts. Further, while the harshest measures have been “suspended,” defendants admit that they remain in place and can be reinstated sua pointe as and when Defendants see fit. In other words, while not currently being enforced, Pennsylvania citizens remain subject to the re-imposition of the most severe provision at any time.
Further, testimony and evidence presented by the Defendants does not establish any specified exit gate or end date to the emergency interventions. Rather, the record shows that Defendants view the presence of disease mitigation restrictions upon the citizens of Pennsylvania as a “new normal” and they have no plan to retur to a state where all restrictiosn are lifted.
Even when the existing restrictions are replaced, it appears to be the intent of the Defendants to impose and / or keep in place some ongonig restrictions.
Courts are generally willing to give temporary deference to temprary measure aimed at remedying a fleeing crisis. Wiley & Vladeck, supra pl. 16 at 1893. Examples include natural diasters, civil unrest or other man-made emergencies. There is no question, as Justice Alito reasoned in Calvary Chapel, that courts may provide state and local official greater deference when making time-sensitive decisions in the maelstrom of an emergemcy. But that deference cannot go on forever. It is no longer March. It is now September and the record makes it clear that Defendants have no anticipated end-date to their emergency interventions.
Stickman damned this fucking Communist, Wolf, for acting without any input from the legislative branch of government. The constitution-defending federal judge expectedly wrote that Commie Wolf’s arbitrary orders restricting social gatherings violated the 1st Amendment.
Wolf’s restrictions, he wrote, placed substantially more burdens on gatherings than were needed to achieve “their own stated purpose.” It was clear in Stickman’s ruling that the concept of determining whose work was essential and whose was not offended liberty as well as the 14th Amendment.
“It requires no argument to show that the right to work for a living in the common occupations of the community is of the very essence of the personal freedom and opportunity that it was the purpose of the Amendment to secure.” Yick Wo v. Hopkins, 129 U.S. 114 (1886); James W. Ely, Jr., “To Pursue Any Lawful Trade or Avocation”: The Evolution of Unenumerated Economic Rights in the Nineteenth Century, 8 U. Pa. J. Const. L. 917 (2006).
Wolf, DeWine and the other governor’s “statewide” approaches to mitigating the pandemic went well beyond the authority of the public offices they hold. The lockdowns the two Commie governors promoted weren’t seen by Judge Stickman as a “quarantine” under any definition of that state’s laws; and I know it’s the same for Ohio’s 26. The statewide lockdowns were not “narrowly tailored” to address the specific problem and the government’s over reach was arbitrary.
Quarantines have been used throughout history to slow the spread of infectious diseases by isolating the infected and others exposed to the disease. Statutes enabling quarantine in times of disease date to colonial times. Pennsvlania did it in the time of William Penn – mainly directed at passengers and cargo from incoming ships. Those powers are set forth in the Pennsylvania Disease Prevention and Control Law of 1955.
… The fact is that lockdowns imposed across the United States in early 2020 response to the Covid-19 pandemic are unprecedented in the history of our Commonwealth and our country. They have never been used in response to any disease in our history. They were not recommendations made by the CDC. They were unheard of by the people this nation until just this year.
…The stay at home orders far exceeded any reasonable claim to be narrowly-tailored. Defendants orders subjected every Pennsylvania to a lock down where he or she was involuntarily committred to stay at home unles h or she was involuntarily icommitted to staty at home unless he or she was going about an activity approved as an exception by the orders. The default position of the “suspension” of the orders instead of their full rescinsion is they can be done at any time.
Broad population-wide lockdowns are such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional unless the government can truly demonstrate that they burden no more liberty than is reasonably necessary to achieve an important end.
The plain language of PA’s health laws, like Ohio’s, made it clear that the lockdown effectuated by the stay at home orders is not a quarantine.
Judge Stickman did not buy “the state’s” weak argument that bars, saloons, vaudeville shows and other cabarets and businesses were closed during the Spanish Flu of 1918.
“… an examintion of the history ot he mitigation efforts in response to the Spanish Flu – by far the deadliest pandemic in American history – reveals that nothing remotely approximating lockdowns were imposed,” Judge Stickman wrote as he described the lockdowns as “unknown” in any previous pandemic or epidemic.
What his ruling also took aim at was the way U.S. politicians adopted the “lockdown” policies that China did in response to the outbreak in its Wuhan Province. It underscores quack Stearns-Acton’s ridiculous comparison of the outbreak in Ohio to Europe’s pollution-infested Italy. It underscores Trump’s concern about the large presence of nearly 400,000 Chinese Communists “studying” in the nation. That’s a Communist army.
It appears as though the imposition of lockdowns in Wuhan and other areas of China – a nation unconstrained by concern for civil liberties and constitutional norms – started a domino effect where one county, and state after another imposed draconian and hitherto untried measures on their citizens. The lockdowns are, therefore, truly unprecedented from a legal perspective.
Judge Stickman saw Wolf’s decisions – all of them – as arbitrary. Small businesses selling the same products as Home Depot were shut down though they were in the same “essential” category. The bureaucrats on his “advisory team” claimed their orders weren’t being enforced, but that they were mere “recommendations.” Nothing in Judge Stickman’s opinion suggested he bought any of the Commie governor’s bullshit.
“The orders do not impose traditional disease control measure, such as quarantine or isolation, but rather involuntarily, and without due process, confine the entire population of the Commonwealth to their homes absent a specifically-approved purpose,” Judge Stickman wrote.
“They violated rights to intrastate travel and freedom of movement. The lockdowns were overbroad and far-exceeded legitimate government need and authority.”
Judge Stickman went on to write in the wisdom of previous federal rulings that, “The police power of a state must be held to embrace, at least, such reasonable regulations established directly be legislative enactments as will protect the public health and the public safety.”
What Judge Stickman’s ruling confirms is that Wolfe, Levine and the other elected and appointed officials aiding his Communist-like disruption of the U.S. Constitutional rights of Pennsylvania’s American citizens is a “color of law” violation of Title 42 and Section 1983 of the United States Code. This is the news lawyers filing claims against DeWine and his ex-quack’s election-cancelling orders can use in the more than three dozen complaints against him.
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”
DeWine’s acts violated federal laws in obstructing the March 17, 2020 primary election. A federal claim using similar arguments as those Judge Stickman decided can be used in both a civil and criminal action against DeWine. Judge Stickman has identified elected and appointed officials who committed felony crimes against the American citizens of the state of Pennsylvania, so the next sequential step pursuant to 18 U.S.C. 4 is for him to address the felonies in the manner spelled out by the law.
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
In previous federal “civil” cases where I know felony crimes were identified in the proceedings the judges forwarded evidence to the U.S. Department of Justice. In one case I know an FBI agent was assigned to observe the trial and take notes.
What stands out in the “information” in Judge Stickman’s 77-page ruling are his subtle references to other possible crimes that may link to espionage. His reference to Wolf’s response being similar to “China’s” – and the large presence of Communist Chinese, Hindu Indian physicians from Communist India and Soviets in U.S. hospitals and public health administration – points to the attention the judge paid to the “secret advisors” guiding Wolf and the fact he never revealed their identities. There are nuances to his report that appear to be “guiding” federal agents to felonious offenses that may have concerned him.
The view of the Chinese by this nation’s “national defense” agencies is that they’re Communist and infiltrating. U.S. Attorney General William Barr has an ongoing series of criminal investigations of Chinese government officials working inside the U.S. healthcare system; and in academia. Part of the investigations include federal agents looking into block buying groups of Chinese students and “investors” who made large medical purchases of supplies here that were shipped to China.
Both Levine and Stearns-Acton, are ancestrally “Russian” and Communist in their disregard of this nation’s constitution and their state’s laws. The largest groups of the 1.1 million foreign students occupying 5.5 percent of this nation’s highest academic slots are approximately 400,000 Chinese and 200,000 Indians whose nations are both Communist or Communist-loving.
33 Russians serve in the U.S. Congress. 12 in the U.S. Senate. 21 in the U.S. House of Representatives. 12 percent of the U.S. Congress for 1.6 percent of the U.S. population. Russian “American” Bernie Gitman-Sanders led and is still leading a Bolshevik Revolution. Red Summer II of 1919. Portland, Oregon is Tulsa and East Saint Louis, Illinois. Amy Klobuchar said her Russian ancestors arrived here illegally. So did Adam Schiff and Jerry Nadler’s.
Judge Stickman’s ruling appeared, from my perspective as someone who interacted privately with the late U.S. District Court Judge Robert Krupansky, would be a signal to federal agents that Wolf and his “advisors” are operating under a “foreign” agenda. It would be wise for Ohio’s “patriotic” lawmakers and citizens to do the same with Nazi DeWine.
Mayor Frank Jackson flew an Israeli flag over Cleveland city hall. Governor John Kasich got the general assembly to enact a law making it unlawful to criticize the Soviet Government of Israel as corporations like Timken, Diebold, Parker Hannefin, TRW, Jones Day, Squire Patton & Boggs and others here operate only out of Moscow within 15 minutes walking distance of the KGB. Even Cleveland’s newspaper, the Plain Dealer, is Russian or Soviet-owned in this Soviet-led county.
Sometimes what’s in your face is really in your face. Thank you Judge William Shaw Stickman IV for making it “plain.” To the president, who else you got for judge? Bring them on! I’m loving this American.