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Nearly 40 States Require Face Masks. But Is It Constitutional?

Nearly 40 states now require face masks after CDC Director Dr. Robert Redfield said if the American public were to embrace masking now the pandemic could be brought to heel in less than two months. [It always has been at heel.]

Louisiana Attorney General Jeff Landry, a Republican, issued a 9-page opinion against Governor Bel Edwards’ mask order because it is “likely unconstitutional and unenforceable” and that the mandate cannot be enforced without facing financial or criminal penalties. He said the governor has no power to turn an executive order (which is an directive to government employees under him) into a law, which applies to citizens. According to Landry, companies and police that try to enforce the mandate, under color of law could face liability if individual civil rights are violated because of it. Landry concluded: “The mask mandate flatly violates due process, separation of powers, the delegation clause, state public accommodation anti-discrimination law, and it is unenforceable.” -GEG

Louisiana Attorney General Jeff Landry (R) said Wednesday in a 9-page legal opinion that the Democrat governor’s mask mandate is “likely unconstitutional and unenforceable.”

Democrat Governor John Bel Edwards over the weekend announced a statewide mask mandate and additional restrictions for bars.

The Republican Attorney General said the Governor’s additional restrictions being placed on citizens has no rhyme or reason and doesn’t appear to serve achieving a goal.

“The governor’s recent mandate does not appear to serve achieving any type of goal or mission in a manner consistent with statutory authority and constitutional provisions,” Landry wrote.

Landry also said the new mandate cannot be enforced with financial or criminal penalties.

“Although the mask mandate and the 50-person limit may be good recommendations for personal safety, they may not be enforced with financial or criminal penalties,” Landry wrote. “Both businesses acting under color of law as mask police and actual police acting as mask police could face liability if individual civil rights are violated due to the proclamation.”

Landry also said that the Governor has no power to make substantive law through an executive order, even in an emergency and asserts that the mask mandate “exposes individuals to unlawful searches and seizures, as well as burdens them with exposing potentially sensitive personal health information and having it exposed to others in a public setting.”

“The mask mandate flatly violates due process, separation of powers, the delegation clause, state public accommodation anti-discrimination laws and it is unenforceable,” Landry wrote.

Read full article here…

Additional source:

https://www.usatoday.com/story/money/2020/07/16/masks-required-shopping-these-stores-walmart-target-costco-coronavirus/5446365002/