Volume 7 Issue 28_Sun Bay Paper

Did you know that the federal judge who vacated the federal mask mandate for airline and public transit passengers on Monday is only 35? The New York Times thought that detail was important, and so did Slate legal writer Mark Joseph Stern. The fact that critics of U.S. District Judge Kathryn Kimball Mizelle's 59-page decision focused on her age rather than her reasoning reflects the confusion of people who tend to assume that any COVID-19 control measure they view as sensible must also be legal. These are two distinct questions, and conflating them amounts to rejecting the rule of law. Mizelle was responding to a lawsuit challenging an "order" that the Centers for Disease Control and Prevention published in the Federal Register on Feb. 3, 2021. She concluded that the rule, which applied to taxis and ride-sharing services as well as airplanes, airports and public transportation systems, exceeded the CDC's authority and violated the Administrative Procedure Act. The CDC issued its mask mandate under a provision of the 1944 Public Health Service Act that authorizes regulations to prevent the interstate spread of communicable diseases. The law mentions "inspection, fumigation, disinfection, sanitation, pest extermination" and "destruction" of infected or contaminated "animals or articles" as well as "other measures" deemed "necessary." When the CDC cited the same provision to justify its nationwide eviction moratorium, it argued that the phrase "other measures" authorizes any disease control measure it considers appropriate. The Supreme Court rejected that "breathtaking" power grab, saying the list of specific examples "informs the grant of authority by illustrating the kinds of measures that could be necessary." In light of that principle, Mizelle said, the relevant question is whether the CDC's mask mandate qualifies as a "sanitation" measure, as the agency contended, or something similar. She cited five reasons for rejecting that reading: "the context of the nearby words," contemporaneous usage, the sweeping implications of the government's argument, the history of the provision's application and the fact that it seems to be "limited to property." Mizelle also concluded that the CDC had "improperly invoked" the "good cause" exception to the APA's "notice and comment" requirement for new rules. And she said the mask mandate was "arbitrary and capricious" because the CDC "failed to adequately explain its reasoning." Mizelle backed up all three of those conclusions with extensive discussion and cogent reasons. But instead of explaining why she was wrong, Stern complained that "a single unelected, life-tenured, 35year-old judge just abolished the air travel mask mandate for the entire country." In Stern's view, that was intolerably undemocratic. He asked, "Who should decide whether air passengers must wear masks: A federal agency staffed with experts accountable to the president, who is accountable to the people? Or a 35year-old Trump judge in Tampa?" The issue in this case was not whether it makes sense to require that travelers wear masks. It was who gets to decide that and under what legal authority -- a question that squarely resides with the judicial branch, not with the "experts" at an executive agency. Federal judges are unelected and have life tenure to insulate them from political pressures when they answer such questions. That is a feature, not a bug, because under our system of government, presidents do not get to do whatever they want, even if the majority demands it. Their policies must be consistent with the law. Neither Mizelle's age nor the fact that Donald Trump nominated her have anything to do with whether she did her job properly. When Stern calls her a "Trump judge," he is echoing Trump, who dismissed a ruling he did not like as the politically motivated work of "an Obama judge." Judicial independence is essential to upholding the rule of law. Partisans attack both when they suggest that judges have no business interfering with the policies of democratically elected politicians. That is precisely what they are supposed to do when the law requires it. Jacob Sullum The Sun Bay Paper Page 8 April 22, 2022 - May 5, 2022 Letters To The Editor Guest Editorial To the Editor, Another pedestrian was hit recently at the corner of Lenel Road and Estero Blvd by a car on Fort Myers Beach. My wife was hit in the crosswalk and permanent disabled by a car at the same intersection. Another elderly gentleman was hit at the same place, went back North, and died less than two months later. Many others pedestrians have had car/pedestrian incidents at this intersection. The elected city/county officials, city/county staff, and city board members have all acknowledge that the Lenel Road and Estero Blvd intersection is the "most dangerous intersection" on the Beach. I was told back in 2014 that this intersection would be "studied and corrected" with the proposed Estero Blvd Project. The Estero Blvd Project is now completed and the only change was to add a third lane. (Of course this made the intersection even more dangerous.) I questioned one of the construction officials about a month ago about why there were no modifications made to this intersection and was told that they "really studied this intersection", but could not come up with any solution to the problem and so they left the signage and markings at the intersection the same except for addition of the third lane. This intersection has the north end entrance to Santini Plaza on the South East Corner, the CVS Pharmacy on the North East corner, and Seven Eleven on the South West side. The city/county acknowledges that this area {Len el Road, Island Pine Way, Estero Blvd) has the highest population density on the Island with all the Condos located on these three roads. The residents of these condos are walking to Seven Eleven for coffee and snack, back to CVS for other items, over to Santini Plaza to shop and/or eat, maybe to the beach, then back to their condo all having to pass thru this intersection. Beside the walking pedestrians this intersection also has many cars going over the speed limit north or south on Estero Blvd, and cars trying to turn right or left into the north or south bound lanes on Estero Blvd from Lenel Road and Seven Eleven. The same crosswalk markings and sign without flashing lights were put back at the Lenel/Estero intersection. The same crosswalk markings and sign with lights were put back in front of the Wyndham Garden Motel because they were there prior to construction. Before construction the crosswalk in front of the Wyndham Garden Motel was on the same level as their parking lot which made it very accessible. After construction the crosswalk is now 4+ feet above the parking lot and separated by 3 ft fence running from the south to the north entrance of the Wyndham Garden. The crosswalk is now used less because pedestrians from the Wyndham Garden are crossing Estero Blvd at the Wyndham Garden north or south driveway entrances (No crosswalks). It should also be noted that the condo residences from Island Pine Way cross at the north Wyndham Garden driveway entrance to get to and from the beach instead of walking down and crossing at the crosswalk with lighted sign. The Crosswalk sign with the light now needs evaluation. The FMB city council in their great wisdom decided to put a crossing guard at this intersection . .She quit.in less than two weeks after getting hit twice and she was never replaced. This indicates that Fort Myers Beach/Lee County officials are very aware of the problem with the intersection at Lenel Road and Estero Blvd but will not address the issue. This could open the city/county to a major law suit the next time someone gets hit because of their negligence to address a known dangerous situation. Pete Heyd Fort Myers Beach PHONE: (239) 267-4000 MAIL: 16970 San Carlos Blvd. #160, Ft Myers, Fl 33908 E-MAIL: production@sunbaypaper.com WEBSITE & DIGITAL VERSION: http://www.sunbaypaper.com The Sun Bay Paper To the Editor. The human race has been targeted for termination, and the depopulation globalists are prioritizing certain races and ethnic groups for rapid extermination. We now have an on-the-record statement from HHS Secretary Xavier Becerra saying, “We know that vaccines are killing people of color… blacks, Latinos, indigenous people, at about two times the rate of white Americans.” to quote an article I read about it.....”He did not stutter.” Put another way, the experimental gene therapy injections called “vaccines” are depopulation weapons targeting all of humanity, but they disproportionately kill far more Blacks and Latinos on a per-capita basis. Sure call me a conspircy theorist... but they’ve been warning us about these vaccines since the very first cleared for Emergecy Use Authorizations, and now they admit they know it’s killing more of us than ‘non people of color’ Andrea Williams Ed. Note: We have printed many articles about concerns associated with Covid “vaccines.” There are a lot of things in these vaccines that cause concern, I asked my friend who is a doctor about their oppinion about these vaccines, they told me they would not get a Covid vaccine over ingredient concerns, to be fair, they also do not promote or get flu shots either. over similar concerns.. Personally, having alread had Covid back in November 2020, I believe in my body’s ability to protect itself, I will not vaccinate, nor would I even if I had not ... Quote of the Week “Aspire to Inspire before you Expire!” -Eugene Bell Jr.

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