Oregon has three Emergency Laws
Do attorneys know?
Oregon has three emergency laws. One in the Constitution, X-A (put there in 2012), the second in ORS 401.165 and the third in ORS 433.
Going to court is a chess game. Anyone can learn to play.
The Oregon Supreme Court cited those three “emergency” laws in their decision in Elkhorn Baptist Church et al v Katherine Brown, Governor of the State of Oregon et al June 12. 2020.
https://www.casemine.com/judgement/us/5ee8a5bd4653d025cfc5df75
There is law, there are legal decisions made by judges and/or justices after a back and forth with attorneys about “case law”, and then citizens recently learned a new term.
Per curiam. Per curiam is a type of written opinion coming from the Oregon Supreme Court which to a lay person is basically captured as, “Hey! This is what we think as a judicial institution!”. Some see it as a court’s “loose” non-legal opinion on the matter presented to the public without identifying which judges actually agreed with the published opinion.
Per curiam can be a way for individual justices to hide and not face accountability for their decisions. Oregon Supreme Court justices are elected.
Definition of per curiam: “…by the court as a whole rather than by a single justice and usually without extended discussion.”
Some citizens found the Elkhorn Baptist Church v Katherine Brown per curiam introduction almost chit chatty as though composed over a few drinks at some exclusive club (see article linked above).
The Oregon Supreme Court per curiam (June 12, 2020) starts out:
· “This case comes to this court during a pandemic. As we all know, a novel coronavirus was first detected in late 2019, and it has spread rapidly across the globe, killing hundreds of thousands of people.”
“As we all know…”? “…spread rapidly across the globe…”?
Some see this as a gossipy, sloppy introduction with no citation to facts, including there were no Oregon deaths in 2019. Some noted this is neither professional nor legalistic writing.
Many Oregonians believe the Oregon Supreme Court exists to address Oregon issues and conditions (per 401.165 (5) in an emergency not what is happening in India, Italy, Germany, Australia, etc.
https://www.casemine.com/judgement/us/5ee8a5bd4653d025cfc5df75
Governor Kate Brown began, what many Oregonians call a nightmare, on March 8, 2020, with her executive order declaration of an emergency based on “...14 presumptive…cases of coronavirus”.
Almost two years later out of 4.2 million population only 3000+ are said to have died because of COVID-19 (most were elderly with other chronic health issues). No child has died in Portland. No homeless person has died in Portland.
Thus, on average for Oregon the math comes down to 1500+ a year on average died of this. For any disease out of 4.2 million population, 1500 does not meet the definition of an emergency. The per curiam author does not state this mathematical fact.
https://www.oregon.gov/gov/Documents/executive_orders/eo_20-03.pdf
Some self-educating Oregonians wonder now if attorneys filing subsequent lawsuits read the Elkhorn vs Katherine Brown decision of June 12, 2020, before they filed their subsequent lawsuits.
https://law.justia.com/cases/oregon/supreme-court/2020/s067736.html
Many Oregonians after one year and seven months call Governor Kate Brown’s many and on-going executive orders gaslighting.
· “Gaslighting is a form of psychological abuse where a person or group makes someone question their sanity, perception of reality, or memories. People experiencing gaslighting often feel confused, anxious, and unable to trust themselves.”
Many Oregonians now say to add to that list of feelings: “…angry, pissed off and determined…” They are not confused anymore, and now they trust themselves.
Thus, a plethora (many) of self-educating Oregonians are now digging into how lawsuits unfold, reading books, knowing from an initial court filing of a complaint, the complaint goes through various and multiple steps, up the legal ladder, that may finally end at the Oregon Supreme Court. As lay Oregonians began their learning about our judicial structure it felt at first like trying to Find Waldo. Now they are finding Waldo.
What self-educating citizens learned is any viable lawsuit must state the damages caused to the plaintiff, it must include evidence of damage, it must be related to laws violated which caused the damage. Definition of “complaint”:
· “The first document that is filed in a legal matter that details the facts and legal reasons that led the plaintiff to conclude he has a legitimate case against the defendant.
What citizens learned is when judges are the “deciders”, the judge rules on a suit after seeing evidence (exhibits), listening to witnesses and attorneys talking; that’s it. IF taken up the legal ladder to various appeals courts, then perhaps ending up at Oregon Supreme Court, the petitioner is merely disagreeing with the lower court.
Petitioners going up the ladder cannot “up-date” their original complaint, they cannot add other laws they forgot to mention the first time, they cannot add other evidence found later after the first court’s decision. Going up the legal ladder is to make the point that the first court erred in their decision.
The question some have is, do they have a good attorney representing them from the get-go? How does one vet attorneys? Some wonder why different lawsuits’ content was seemingly all over the map while in others some pertinent laws were not addressed, for the same violation of law by Kate Brown and her administrative state? Were lawsuits filed with a sturdy foundation identifying all pertinent law? Is their legal ladder sturdy or will it falter on the way to the top? Do petitioners’ attorneys know how to play Chess?
The unintended consequences Governor Kate Brown and Washington State Governor Jay Inslee wrought, includes Oregonians newfound engagement in self-educating and savoring the Constitution of the United States of America and the Bill of Rights that Americans are endowed by the Creator who gave us “…life, liberty and the pursuit of happiness…”
Oregonians are learning to play Chess, reading like never before, meeting for discussion and strategy, being in community, the enjoyment of being in community while self-educating. Knowledge is power. Knowledge and power create self-determination and resolve which creates wins.
October 25, 2021
