I hope you are sitting down when you read this article.<\/p>\n
There is absolutely no way I can possibly sugar coat this, so I\u2019ll just be frank\u2026 The NYS Supreme Court Appellate Division\u2019s Fourth Judicial Department has issued their ruling in our quarantine lawsuit against Governor Hochul and her Department of Health, and they have ruled against the will of the people!<\/strong><\/p>\n Attorney Bobbie Anne Cox… Knowledge is power! is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.<\/p>\n<\/div>\n<\/div>\n<\/div>\n If you feel like you just got sucker-punched in the gut, join the club, my friends.<\/p>\n The court has dismissed our lawsuit, not because we are wrong in our arguments\u2026 no, no, indeed we are dead-right. In fact, the court did not even touch the merits of the case. How could they? Instead, the court unbelievably ruled that my plaintiffs somehow do not have standing to sue!<\/em> If your brain is racing a hundred miles an hour right now trying to figure this out, don\u2019t worry, you are definitely not alone. Every single person I have told about this court ruling, from my plaintiffs, to fellow attorneys, to family members, and so on, has been downright flabbergasted. Rightfully so. One of my family members told me I needed to break it down for her, like she was a Kindergartener. I\u2019ll do the same for you now, because this issue is so crucial for you to understand, and then for you to explain to others.<\/p>\n What the Appellate Division court is saying by reversing the lower court and then dismissing our case for lack of standing is that they believe that Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler, and the citizens\u2019 group Uniting NYS<\/a> did not have the right to bring this lawsuit last year against the Governor and her DOH for their heinous \u201cIsolation and Quarantine Procedures\u201d<\/em> regulation. Why not?<\/em> Because according to this court, my plaintiffs were not injured by the regulation. Why not?<\/em> Because the court seems to insinuate that the only person with the right to sue is someone who has been forcibly locked in their home against their will, or ripped from their home, taken from their loved ones, and thrown into a quarantine detention center, facility, institution, camp, etc. (pick your noun, doesn\u2019t matter). The court insinuates that apparently only that<\/em> person would be injured. Not my plaintiffs. The reason their \u201clogic\u201d is flawed is because we sued pursuant to the separation of powers doctrine, arguing that the Governor and her DOH lacked the constitutional authority to make that horrendous regulation in the first place. In other words, in short, my legislator-plaintiffs were injured because Hochul and her DOH (Executive Branch) stole the legislators\u2019 power to make law (Legislative Branch) when they created the quarantine reg which was a law (despite the fact that the DOH called it a regulation). The trial court correctly ruled in our favor last summer, and struck the reg down for that exact reason, amongst others.<\/p>\n If you are still scratching your head wondering how on earth is it possible that the Executive Branch stealing a power from the Legislative Branch does not constitute an injury to the members of the legislature, then join the club! Of note, it was so obvious to the trial court judge last year that my plaintiffs had standing, that he didn\u2019t even discuss it in his decision. You can read that decision here <\/a>if you\u2019re interested.<\/p>\n There is no denying that I have had to dig very deep these past 48 hours since I received the ruling. My family and close friends who I have shared the horrible news with have all asked me the same question, \u201cWhat are you going to do now? Stay and fight? Or let it go?\u201d<\/em> This has been a true David v. Goliath<\/a> battle for the ages, as described in a recent Brownstone Institute article<\/a> on this epic legal battle, and my family and close friends know the immense sacrifices I\u2019ve endured to bring and fight this case these past almost 2 years now. As you may imagine, I have had to do some significant soul searching the past couple of days. Here is what I have come to\u2026<\/p>\n<\/div>\n I can tell you this with certainty, I will never<\/em> stop fighting for you, New York! I believe that we can take back this state, and as we do, we will liberate the rest of this country which has fallen into very dark times, as our Constitution, and thus our freedoms, are tossed aside by the ruling class elites without a second thought. And then, once our nation is back to being that shining beacon on a hill, then the rest of the world can follow. New York is the key. And I have hope and faith. I will share it with you now\u2026<\/p>\n I am going to appeal this case to the Court of Appeals, our highest court in New York. The Court of Appeals is a court of constitutional integrity. The Court will understand the magnitude of this lawsuit and the Appellate Division\u2019s erroneous decision. I believe the high Court will not fall prey to the tyranny and corruption that goes on in the halls of our capitol in Albany.<\/p>\n The Constitution is on our side. The case law is on our side. Truth is on our side. And most importantly, the will of the people is on our side. Remember Thunderstruck<\/a>? Remember Reverberating<\/a>? Remember the hundreds upon hundreds of you who showed up to oral arguments in Rochester back in September? Remember the thousands of you who have come to hear me speak in-person at events across the state, and in states outside our New York borders? Remember the tens of thousands of you who have shown me your support in emails, social media posts, letters, cards, phone messages etc.?<\/p>\n Indeed, I have faith.<\/p>\n I hope you are sitting down when you read this article. There is absolutely no way I can possibly sugar coat this, so I\u2019ll just be frank\u2026 The NYS Supreme Court Appellate Division\u2019s Fourth Judicial Department has issued their ruling in our quarantine lawsuit against Governor Hochul and her Department of Health, and they have […]<\/p>\n","protected":false},"author":1171,"featured_media":246677,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"sfsi_plus_gutenberg_text_before_share":"","sfsi_plus_gutenberg_show_text_before_share":"","sfsi_plus_gutenberg_icon_type":"","sfsi_plus_gutenberg_icon_alignemt":"","sfsi_plus_gutenburg_max_per_row":"","_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":"","_ppma_block_editor_authors":""},"categories":[601],"tags":[],"ppma_author":[1084],"class_list":["post-246691","post","type-post","status-publish","format-standard","has-post-thumbnail","category-internment-camp","entry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t
\nQ&A\u2026<\/h3>\n
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\nHope is not lost!<\/h2>\n
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