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Constitutional legal expert weighs in on mask debate

(Supplied/FDA)

FORT WAYNE, Ind. (WOWO): It’s a popular argument against wearing them, especially online, but is a mask mandate really a violation of your constitutional rights?

Basically, no.

“It has long been recognized, since a 1902 Supreme Court decision, the state executive branch, not just the legislature, can take action to protect people from contagious diseases.”

That’s according to Constitutional legal expert Nancy Marcus, speaking with our Partners in News at ABC 21.

“There’s good reason for governors to be the ones to issue orders like this one as governors have done across the country,” Marcus adds. “If we leave it up to legsilatures, action could be delayed significantly, and we may not be able to act quickly enough to keep up with this rapidly spreading, deadly pandemic.”

Indiana Attorney General Curtis Hill recently challenged Governor Eric Holcomb’s mandate that everyone in Indiana wear a face covering in public, saying that he overstepped his authority.

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5 comments

Rocky July 28, 2020 at 7:43 am

Some Legal Expert. The 1902 Supreme Court decision referenced Quarantine of immigrants on a ship. Wearing a mask is a 1st amendment (freedom of speech/expression) issue since the mask has been described as “theater” by Dr Fauci in early March, or shows a “sign of solidarity” or “respect for others” and last but not least, a sign of Fear.

Not even by OSHA standards does a mask do what ‘They’ claim the reasoning. Per OSHA on Face
Coverings : “Are not considered personal protective equipment (PPE). “Will not protect the wearer against airborne transmissible infectious agents due to loose fit and lack of seal or inadequate filtration.”

Hey “Expert”, Nice Bait and Switch on the constitution!!

Reply
Rocky July 28, 2020 at 7:47 am

Also Hill was referring to the 5th amendment issue of Live Liberty and Property without due process of Law since he would need to have an emergency secession of the house to create Law.

That’s 2, Mr. Expert.

Reply
Pam Castle July 28, 2020 at 8:48 am

She’s an idiot for an attorney, but then she’s from the very liberal State of CA. Not to mention she didn’t do HER due diligence in research of her 1902 reference……..

Reply
Los July 28, 2020 at 12:28 pm

Nothing more then a leftist hack. Posing as advocate for the Constitution law. What a joke, we need to start a class action lawsuits. Next is forcing people to take con virus vaccine.

Reply
Jackie July 28, 2020 at 2:55 pm

It’s to condition the American public to be controlled and to fear. I do not wear a mask. I can’t breathe, so there is my medical condition.

Reply

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