Texas SOT

Op Ed on Constitutionality of COVID 19 Orders

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  • avvidclif

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    Lincare, which has the Medicare contract for breathing supplies, is posted 30.06 and 30.07 in Athens, TX. I cheerfully ignored it. They are AH's anyway.
     

    jordanmills

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    Other than hospitals, I can only recall seeing one 30.06.

    Occasional 30.07, but pretty rare.
    Dumb thing is, hospitals aren't supposed to post those, they're supposed to use something else.

    But they're all over here. Every HEB, every brookshire brothers, every wing restaurant but hooters (wtf on that), etc.
     

    oldag

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    Dumb thing is, hospitals aren't supposed to post those, they're supposed to use something else.

    But they're all over here. Every HEB, every brookshire brothers, every wing restaurant but hooters (wtf on that), etc.
    Interesting. I have never seen a 30.07 on an HEB or Brookshires. Must be pretty regional.
     

    TxStetson

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    Lincare, which has the Medicare contract for breathing supplies, is posted 30.06 and 30.07 in Athens, TX. I cheerfully ignored it. They are AH's anyway.
    Not sure about Medicare, but Tricare has multiple oxygen service providers in each geographical area. When we were in Odessa, we shifted to Lincare because they had better customer service than everyone else, and they would actualy give my wife a portable oxygen concentrator. Now that we're in Abilene, Lincare is absolutely horrible and we are doing our homework to see who the next candidate will be.
     

    Axxe55

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    Lost in East Texas Elhart Texas
    Weird. Every single one I've checked has had them. And I've gone by some that I never would have bothered with just to check. Obviously I have not checked Palestine.

    There are very, very few places in Palestine that have either signage. A few of the check cashing places have 30-06 signage, and the Dollar General stores have 30-07 signage.
     

    etmo

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    To get this thread back on track, the author of that article is wrong, at least for now. The reason: SCOTUS hasn't said she's right, therefore she's wrong. That's the system we live in.

    Here's one that we, as gun owners, can relate to...she says:

    When the government can arbitrarily decide that the only “legal” assembly is one of 10 people or fewer, there is no longer a right to peaceably assemble, but a permission granted under certain limited and confining terms.

    Does that ring any bells for anyone? Magazine capacity, maybe? "When the government can arbitrarily decide that the only "legal" magazine capacity is 10 rounds or fewer, there is no longer a right to keep and bear arms." Pretty spot-on, right?

    Yet such laws are on the books in a number of states, and challenges to those laws have only recently begun. No challenge to magazine capacity has even sniffed SCOTUS cert, so it'll be years (if not decades) before SCOTUS hears a magazine capacity case, IF they ever do at all. Therefore, those laws are 100% Constitutional, and if you disobey them, you will go to jail and have your life ruined.

    Why?

    Because SCOTUS has held that ALL FEDERAL LAWS have the presumption of Constitutionality. Ergo, any federal law passed is GTG, until SCOTUS says it's not. That's the system we live in.

    So for this thread, she's wrong because of Exhibit A: I bring you section 361 of the Public Health Service Act (42 U.S. Code § 264), which says the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

    And by-the-way, that authority was delegated to the CDC. Delegating of power is also GTG in most cases, per SCOTUS. So the CDC can "take measures", which is a phrase that has no real limits, folks, so think about that for a while. That should raise the hairs on the back of your neck. The CDC can do pretty much anything it wants to prevent the spread of communicable diseases between states. No fuss, no muss, entirely Constitutional, until you get SCOTUS to say it's not. You can start the lawsuit now, I'll wait here.

    So sorry to that author, but we gun owners are decades ahead of her. She should have started a lawsuit against the Public Health Services Act about 10 years ago -- maybe it would be coming before SCOTUS soon. Until then, it's 100% Constitutional for the government to lock us down in all kinds of ways under emergency circumstances such as a pandemic.
     

    innominate

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    Austin
    Dumb thing is, hospitals aren't supposed to post those, they're supposed to use something else.

    But they're all over here. Every HEB, every brookshire brothers, every wing restaurant but hooters (wtf on that), etc.
    What are they suppose to use? They use them at my hospital
     

    toddnjoyce

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    What are they suppose to use? They use them at my hospital

    Texas Government Code 411.204
    Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
    (a) ...
    (b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".

    (c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    2   0   0
    Jul 23, 2011
    21,358
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    Little Elm
    The gooberment does what they want till the people, in appropriate numbers, say phuck no. Then they usually show ars. Usually, In I California's polls, the sop is to threaten to nuke you or investigate the problem to death.

    Till the rest of the country ignores them.
     

    jrbfishn

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    Jus because the Government does something or passes a law NOT make it Constitutional. Period.
    What it means is the Government has disregarded the Constitution and SCOTUS and Federal courts by not overturning also decide to disregard it as well. And that We the People have not taken up arms to stop them.

    YET.......


    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     

    Rhino

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    And that We the People have not taken up arms to stop them.

    YET.......
    And appropriately so. Hotheads don't try peaceful means, first. Our forefathers didn't start shooting until they had been using legal means for literally years. It's a tough read, but it would be good to read stuff that signers of the Declaration of Independence were reading like Lex Rex...

    https://www.constitution.org/sr/lexrex.htm
     
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