Professor, Arizona, Legislature discussed on The Conservative Circus


Ring Master James T. Harris. Professor Ellen Woman is a He's a professor of Day issues Law school. He's representing the Arizona bar owners of who were targeted by Governor Doug Ducey. And yesterday there was a setback. We're going to welcome into the center ring, Other conservative circus and you had a miracle. Superior County judge who ruled in the case and said that the governor that was, she said the bar's suing the governor have failed to show that the governor's orders violate the Arizona Constitution or caused irreparable harm to the business. Which I just think it's absolutely laughable, Professor Worm in Well where what did you think about this ruling? Yeah, thanks So much for having me again. So yesterday was ah, setback. We lost our temporary restraining order motion or a preliminary injunction motion that just to be clear this was, you know, a motion for temporary relief. It's a motion for immediate relief. It doesn't mean we're going to ultimately lose of the case, but at the Superior Court, but it but it is a setback. You know, the judge had language in there to the effect that were unlikely to succeed on our non delegation argument, and we're unlikely to succeed on our privileges or immunities argument. But look, Although this is a setback, the ruling was not entirely unexpected. But this is why we actually filed the lawsuit initially in the Supreme Court of Arizona. Because the non delegation claims you know that we're making again. The non delegation doctor in this idea that the Legislature can't delegated legislative power that governor do see is basically acting like a lawmaker. There hasn't been a successful non delegation challenge at the federal level since 1935. But we think this is a successful one. But we think it's going to take the Supreme Court of the state of Arizona to make that ruling. It's not surprising. Right that Ah Superior Court judge certainly at the temporary restraining order, a phase, you know, didn't agree with us on that The judge gave us one paragraph on the non delegation argument. You know, I have four article from the non delegation argument. We had pages and pages of briefing and we got a paragraph on it, but he had not unexpected. At this stage in the case, but it is, but it is something of a setback on the discrimination argument that we're making. The judge also said that we're unlikely to show success on that claim because the government simply has to show a rational basis. You know, some conceivable basis for thinking there's a reason to single out Siri's sixes and sevens. Now again. This is the preliminary phase on so we may win on this ultimately. But again, you know there are things we argued that makes this case different. State legislatures usually get deference. They you know, as long as there's some rational basis for the some conceivable basis right for the Legislature to think you know that this was reasonable, then the courts will differ, but But no one's ever said that the executive acting alone gets this massive amount of deference right? And so that's sort of where we are in the case. Those are the arguments that were going to be pushing when, when the judge hears Mohr about this case on the merits in the next couple of days or so, my problem with the decision is, you know her language, she says. Our world is facing And unrelenting spread of the guard novel Corona virus, which causes communicable infection, Communicable infections disease known as covert 19, What the hell does that have to do with the Constitution or the constitutionality of the governor's actions or the fact that he's picking and choosing winners? Right. So so what? What I will say on this is, you know she does borrow a lot from the governor's briefing. And that's not unexpected, either. You know, she only had a couple of days to write the temporary restraining order. Ah, ruling. And so that's unexpected. But look, we're not conceding, or, you know we're not accepting or denying the fact that we are currently in a state of emergency of extreme peril, toe safety of persons or property. You know, some of the plaintiff's think we are something we aren't We don't want to put the judge in the position of judging that. But your point is exactly right argument is even if we are still in a you know, a state of emergency. The governor has still exceeded statutory authority. We argue that under the emergency statute, the governor basically has authority to marshal the emergency services of the state, right. He can build order Field hospital to be built. He can ration medicine. He can order healthcare workers from one state to another. He can order MM services from one county to another. Excuse me. That's what the emergency power is its emergency assistance, its recovery operations. It doesn't give the Governor authority to take actions. You know, for months and months on end, however, you know, secondarily or tertiary Lee. It might be related to the Corona virus, so we're going even if we are still in a state of emergency. The governor, You know, can'tjust legislate on every economic, social and cultural question. You know for the foreseeable future, which we argue is what he's doing here, and I thought that was what the judge should be acting gone. We have a professor Yelland Ah, Woman in the center ring of the conservative circus Yesterday. You tweeted. One of my clients has a big pool hall but can't open his bill birds, even though he's been pulled table even though he suspended his liquor license and no longer serves alcohol because he Hey, Siri, six, yet David Buster's main event and another bar all continued to offer pool and alcohol. What kind of justice is this? And that speaks to what? What? What? You're what you're going. Get here into my opinion. What the judge did not address. What kind of justice are we looking at here? Yeah, And that's the whole point of the distinction between Sirius six and seven licenses that they're drawing. Our whole argument is even if there's a rational basis for them to have thought that was that distinction makes sense. It's defensible by evidence. If we have evidence that she was actually completely irrational to draw that distinction, then we should win and it is irrational. As you said, I have a client with a big pool. Hall tried to suspend his liquor license, no alcohol at all. But they say no, you have to pause operation because you have a serious six even if you don't serve any alcohol, and yet David Buster's main event bolero in these other places. Different series of licenses, you know, have alcohol and bowling. So on pool Excuse me and another parlor games and so again. Where is the justice? We think we've shown the discrimination and we hope the judge reconsidered that part of her ruling Professor. Women. One last question quickly. There are a lot of people out there who are who say you know what do these owners? Hey, you know, just open and tell the governor tell the judicial system that God I'll should they Well, I'm certainly not in a position to tell my quiet, You know, Tio do that. We still have hope in this case because we're seeking to clear it Ori judgment, The case should proceed on a speedy basis. So maybe we'll have a hearing on the governor's motion to dismiss next week and the judge couldn't reconsider it. And then we'll be quickly on our way to an appeals. But yes, look, the litigation process is slow. There's no doubt about that. But I really hope everyone can, you know, hold on for just a little bit longer, Even though it's getting harder and harder and harder. Some of my clients have been closed going on for six months night. It's crazy, Professor woman I want to thank you very much for your time, and we will touch base with you. As this continues to develop, we're going to talk about a little bit more about this and also how there's been a change with the Democrats. When it comes to the violence we're seeing across our country will do that is 7 48. So you want to go tankless? Because you know that is the best way to go. But the timing is not right. Well, I understand. It is not time to go within all about water Tankless water heater, then you should definitely get all about water, too, to service. Your tank That's going to make it last longer is going to help your tank perform better, and it will flush out all the settlements in the tank, which will make the water cleaner. Now when you're ready to go within all about water tank with water eater, Here's what's going to happen. Number one, You're gonna get an analyst an instant hot water flow of hot water. That's.

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