Governor’s Response to our Federal Mask Mandate Challenge

Here is the Governor’s response to our Emergency Motion for Temporary Restraining Order and Preliminary Injunction, which is set for hearing in federal court on Monday morning. It was just filed last night, and I’m working on filing a reply, which is due by this afternoon.

You’ll notice that they argue that the Governor’s words are meaningless – that only his actual written executive orders should be reviewed, according to his lawyers. Throughout the response they mention that the Governor is utilizing some vague concept of executive emergency power. However, there is no such thing. They essentially argue that there is nothing the federal judiciary can do to stop him. We’ll see……

This is the federal lawsuit filed on behalf of the restaurant in Putnam County, West Virginia. We are still working on filing a larger lawsuit in state court.

ETA: Here’s our Reply to the Governor’s Response:

2 thoughts on “Governor’s Response to our Federal Mask Mandate Challenge

  1. I didn’t see any mention of constitutional rights, only what other states are doing? Does the constitution address this issue?

  2. They really threw everything they could in this rebuttal/response except for the kitchen sink! This is an argument about liberty, personal freedoms, and of course the 1st amendment and the power of executive privilege’s.

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