The Post & Email by David Tulis 4/26/2021
Judge Immunizes TN Gov. Lee in Mandamus Case Demanding He Obey Law in CV-19 Disaster
CHATTANOOGA, Tenn., April 21, 2021 — A judge today upholds the Tennessee state of disaster begun 405 days ago by claiming Gov. Bill Lee is not required to obey state law and that a court cannot require him to respect the people’s constitutional protections.
In her third and fourth orders of dismissal in a single cause brought by an investigative radio journalist, Judge Pamela Fleenor, a Republican, says fellow party member Lee is no way required to obey — or to command his commissioner of health, Lisa Piercey, to obey — the 102-word provision in the state health law that requires a finding of an epidemic county-by-county and that a determination to be made about the “contagious principle” or agent of contagion of a virus or disease.
Judge Fleenor says, with emphasis, she has no authority to compel the governor to obey the law, making him effectively a sovereign individual.
In its January 21, 2021 Order, the Court ruled that no court can issue a writ of mandamus requiring the Governor to perform any act, period. Therefore the Court granted the Governor’ s motion to dismiss. In seeking to alter that Order Relator now argues that his affidavit demonstrates he has standing to seek a writ of mandamus against the Governor, but the Governor and this Court just disregarded his affidavit. The Court did not disregard the Relator’ s affidavit. Rather the Court determined that no allegations in Relator’ s affidavit can overcome the law that the Governor “is not subject to the mandate of any court.” State ex. rel. Latture v. Frazier, 86 S. W. 319, 320 (Tenn. 1905).
More:
https://www.thepostemail.com/2021/04/26/judge-immunizes-tn-gov-lee-in-mandamus-case-demanding-he-obey-law-in-cv-19-disaster/
