Straight to the point

High Court Paves the Way for Quarantine Camps
by Bobbie Anne Flower Cox at Brownstone Institute

What is your first reaction to the title of this article? Shock? Disbelief? Skepticism? I’m sure many of you are thinking, But it’s 2025…We are 5 years out from the insanity of Covid-mania. And we have a new Administration in the White House…How on earth are you talking about “quarantine camps” now? 

Well folks, the truth of the matter is that my quarantine camp lawsuit which I first started three long years ago has just reached its conclusion. The highest court in New York State, the Court of Appeals, issued its final ruling in the case…This panel of seven appointed judges is refusing to hear the case! That means the grossly erroneous intermediate appellate court’s ruling will stand, which in turn means that Governor Hochul and her dystopian New York State Department of Health are free to reissue their heinous quarantine camp regulation at will. Buckle up, New York!

This is a true travesty, not only for 19 million New Yorkers, but for all Americans. “How can that be?” you might ask. A little-known fact is that our federal government issued a quarantine camp regulation very similar to New York’s, and as far as I can tell, it was modeled on (and updated to its latest form after) New York’s! The only reporting I could find on this unbelievable fact is by Brownstone Institute founder and president, Jeffrey Tucker. His article, The CDC Planned Quarantine Camps Nationwide, tells the tale. Of course, the feds didn’t call it a “Quarantine Camp” regulation. (Nor did New York’s DOH). They always wrap the biggest lies up in candy, don’t they? The feds called it “the shielding approach,” and you can read more details about it on their website here.

Now that New York’s regulation is being left open for re-enactment, there’s no chance of using our onerous and lengthy legal battle as persuading precedence in a fight against the federal reg. In very simple terms and generally speaking, state courts do not have a binding effect on federal courts. Nor do federal courts have a binding effect on state courts, except for the United States Supreme Court.

That being said, there is such a thing called persuasive precedence. It’s when a court that is not subject to mandatory precedence considers the decision of a non-binding court even though it doesn’t have to. It’s akin to professional courtesy, but it also typically follows logic. For example, if the highest state court in Pennsylvania ruled that forced masking during Covid is illegal, it would be persuasive precedence for a state court in another state to rule accordingly. Now, this does not always happen, but it does happen often enough that it is a common stance in law.

Applying to the case at hand, after I’ve just gone through three years of costly and time-consuming litigation on New York State’s quarantine camp regulation, if I had a decision from our State’s highest court that upheld my trial court win, then that decision could have been used as persuasive precedence in a case against a different state’s (or the federal government’s) quarantine camp regulation. Something that I was considering at one point. However, that’s not how the game unfolded.

I explain…

Let’s begin with the reg itself. For those of you unfamiliar with my epic, David v. Goliath battle against New York State’s quest for ultimate control, you need to first understand what their quarantine camp regulation empowered the State to do. This excerpt from an article I wrote for the American Thinker back in June 2022 (before I won the initial lawsuit), paints a clear picture of the stunning atrocity that was the NYS “Isolation and Quarantine Procedures” regulation…

Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might, possibly have a communicable disease. They don’t have to prove you are sick. They don’t have to prove you are a health threat to others. They just need to think that, maybe, you were possibly exposed to a disease. And when I say “lock people up,” I mean lock you in your home or force you from your home into a facility, detention center, camp (pick your noun) that they get to choose and you must stay there for however long they want. No time limit; so it could be for days, weeks, months, or years…

Now imagine that there is no age restriction, so the government can do this to you personally, or to your child, or to your grandchild, or to your elderly parent, or to your ailing grandparent. The nightmare continues because you have no recourse. No chance to prove that you aren’t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine or isolation orders, so the knock on your door could very well be the sheriff or police coming to remove you from your home or to “check in” on you to ensure you are locked down in your home, isolated, in accordance with the Health Department’s order against you.

This dystopian horror sounds unbelievable to an American. That the government has the ability to control one’s every move is unnatural to us. Politicians and bureaucrats being able to have unbridled power to tell you where you can and cannot go, what you can and cannot do, and who you can and cannot see is the very antithesis of what our country stands for. It flies in the face of “liberty and justice for all.” After all, we are supposed to be a nation of governance of the people, by the people, and for the people.

And yet, the governor of New York and her Department of Health have promulgated a dystopian regulation that does all of that and more. The regulation is called “Isolation and Quarantine Procedures” and can be found at 10 NYCRR 2.13. It is a clear violation of the Separation of Powers because the governor is not supposed to make law, nor can an agency. Only the legislature can make law and agencies can only issue regulations that the legislature empowers them to issue. Simply put, an agency cannot just make up rules on its own whim. It must have a directive from the legislature to do so.

Remember from grade-school History class: We have three branches of government (Judicial, Executive and Legislative), all are co-equal with one another, and each has its own separate powers and duties. The governor and her agencies are in the Executive Branch of government. The Executive Branch enforces the laws that the Legislative Branch passes.

But in this instance, the Executive Branch has usurped the power of the Legislative Branch by making this regulation, which is actually an impermissible law—despite the State calling it a “regulation.” The important fact is that there is no legislative enabling statute authorizing the Department of Health to make this “regulation”—not to mention the fact that the Executive Branch’s “regulation” violates numerous constitutional rights as well as New York State laws.

For those who feel we need to give the government the power to quarantine sick people who pose a threat to the public, I agree. However, that does not mean the government gets unbridled, unchecked, insanely unconstitutional powers. Case in point and more revealingly, we already have a quarantine law in New York State! We’ve had it since 1953, and it is full of due process protections, not the least of which is the fact that before the state can even contemplate quarantining you, they have to first prove you actually have a dangerous, communicable disease.

There is a litany of other due process protections in the law, which ultimately says that only a judge (after a hearing) has the power to quarantine you. This is in stark contrast to the authoritarian Quarantine Camp regulation that the DOH created which allows unelected, government employees (who are beholden to nobody except the politician in charge) to lock you up indefinitely, without any proof you’re sick. So folks, what we saw was a state agency overwriting a state law. Wholly unconstitutional. 

So, when I became aware of this dystopian nightmare of a reg, after realizing that none of the so-called traditional “civil rights” organizations and none of the non-profit law firms with whom I spoke would touch it, I put my once very successful law practice aside, and I sued Governor Hochul and her DOH. I was interviewed back in 2022 by Jan Jekielek on American Thought Leaders, and that interview gives great detail about how and why I decided to give up my law practice I had spent 20 years building up, the adversities I faced, and the struggle it was to fight against the most corrupt state governments in our nation. That interview is here, and worth a watch for those who crave more insight.

My Quarantine Camp lawsuit was the first and only lawsuit of its kind in the country, and its importance could not be overstated. If the DOH’s “regulation” was allowed to stand, then it would signal to all agencies that they can make regulations that conflict with the Constitution and with state laws. If that happened, then the Legislative Branch of government would no longer be a co-equal branch. Instead, it would become subservient to the Executive Branch because the agencies in the Executive Branch could simply make a rule that conflicts with our laws (or the Constitution) whenever they wanted. It would render our laws useless. It would lead to unconditional tyranny, and it is We The People who suffer under a tyrannical regime.

After months of battling it out in the trial court, on July 8, 2022, NYS Supreme Court Judge Ronald Ploetz ruled that the “Isolation and Quarantine Procedures” regulation was unconstitutional and “violative of New York State law as promulgated and enacted, and therefore null, void and unenforceable as a matter of law.” The Judge also made note that, “[i]nvoluntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures, such as requiring mask wearing at certain venues. Involuntary quarantine may have far-reaching consequences such as loss of income (or employment) and isolation from family.” You can read the full decision here if you’re interested.

Because totalitarians don’t like to be told “no,” New York’s Governor, Kathy Hochul, and Attorney General, Letitia James, appealed the decision. Yes, that’s right…the Governor and AG, both unabashedly support insanely unconstitutional quarantine camps! Of course, the media would barely cover the story. Why would they paint the government in a bad light? Why would they report this obnoxious violation of our Constitution to the unsuspecting public?

Their refusal to do their civic duty meant that it was up to me to sound the alarm, so I reached out to my network of fabulous grassroots leaders and groups across the State, and with the especially notable help of one of my plaintiffs Uniting NYS, I crisscrossed the State raising awareness about the appeal. I did dozens of radio, podcast and TV interviews, and I wrote countless articles about it. 

On September 13, 2023, over 400 of you showed up at the appellate courthouse to hear me argue the case against the AG. It was indeed historic, for never do people take a day off of work, flock by the hundreds, and cram into a courthouse to hear a couple of lawyers go at it in a courtroom devoid of witnesses, TV cameras, and all of the other pomp and circumstance that, for example, a high profile criminal trial might have. Not even in the movies, folks. It was a true testament to the freedom-loving citizens of a State that is wrought with corruption and greedy politicians on both sides of the aisle. You can watch the video of me arguing against the State here.

Ultimately, the panel of five appointed judges disgracefully did what judges in corrupt, third-world countries do…they bowed to their political masters instead of upholding the Constitution with dignity and pride. The Fourth Department court reversed my trial court victory, and then dismissed the case!  They dismissed, not because we were wrong in our arguments…no, no, indeed we were dead-right, and they knew it.

That is why the court did not even touch the merits of the case. Instead, the court copped out and used the age-old scapegoat ruling that my plaintiffs lack standing! In addition to the citizens’ group, Uniting NYS, my other plaintiffs were a group of NYS legislators, so of course they had standing to fight against a regulation that usurped their lawmaking power. Duh. But the court had the audacity to say that they didn’t have the right to sue! (Fun fact: One of my legislator plaintiffs is now a sitting United States Congressman, Mike Lawler, who is actively considering a run for governor. Wouldn’t that be a sublime case of poetic justice if Mike unseated Hochul!)

I have done a deeper analysis of this nonsensical (some say corrupt) decision in prior articles which you can read here and here if you desire more color. But I will reiterate again now that their decision not only lacked logic, it lacked integrity, and it flew in the face of long-standing, binding case law from our highest court. 

Disgraceful.

Not wanting to back down, in January 2024, I filed my appeal as of right, with the Court of Appeals which is our highest State court. As of right means the Court must hear my case, despite the fact that this Court does not hear all cases it receives. You see, according to NY rules, if a lawsuit has a constitutional question involved, our highest Court must hear the case. In May, that Court denied my appeal, saying there was no automatic right because the case, get this, had no constitutional issues! What?! A lawsuit about a regulation that breaches separation-of-powers and violates our Constitution doesn’t have a constitutional issue in question? 

Disgraceful. 

I was determined to fight to the end, so I didn’t stop there. My last hope was to file another motion with the Court, this time asking them to hear the case on their own volition, ya know, because it’s good for humanity and the integrity of this Court not to allow an agency to override our laws and throw people into camps without due process, etc. Sounds rather noble, doesn’t it? Well, not to an unnoble court, for last week they issued their decision…They refuse to hear the appeal. Period. Case closed.

Disgraceful.

And so, my three-year-long battle against the elitist Governor of New York (whose approval rating now hovers around 30%) and her lawless Department of Health, is over. The silver lining is that my victory of eliminating their heinous “Isolation and Quarantine Procedures” reg back in 2022, still stands today, despite the appellate court’s ruling. Here’s why…The reg was an “emergency” reg that the DOH was working to make permanent. I knew I was under the gun to get the lawsuit drafted, filed, and fought before it became a permanent reg, so I basically abandoned my law practice for months on end in order to focus 100% on this lawsuit. As a result, I was able to move quickly enough to sue when the reg was still in an “emergency” phase. Since I successfully got it struck down before they could make it a permanent reg, the reg does not exist today. Amen. 

However, thanks to the Court of Appeals allowing the Fourth Department’s decision to stand, the DOH is now free to reissue its dystopian reg. “Fire at will,” is what these courts have metaphorically told the Administrative State. There is nothing stopping the tyranny of the Executive Branch and its unconstitutional DOH now. Except perhaps a watchdog citizenry, if I can inspire, organize, and mobilize the masses. 

The Continuum…

If you follow my work on Substack or on X, you know that my quarantine camp lawsuit was just the tip of the iceberg. I started that battle in early 2022, by the end of 2022 and into 2023, I was working with Congressman Lee Zeldin (who had just run for Governor against, and almost defeated, Hochul), to prevent the unconstitutional gerrymandering of the Congressional lines in New York State by the Dems who 100% control the NYS government. (Note: Republicans in the NYS Legislature are completely powerless in New York, regardless of the fact that Republicans now run both houses of Congress and the White House). 

Congressman Zeldin and I, together with my newly formed organization, Stop NY Corruption, with help from other members of NY’s Congressional delegation, were ultimately successful in preventing that shameful political ploy to illegally retake the House of Representatives orchestrated, no doubt, by the DCCC. Reporter extraordinaire Jan Jekielek again covered the story on his popular show, American Thought Leaders. You can watch that interview here. 

By the fall of 2023 and into 2024 I was on to a new project…I sued the NYS Legislature for their deceitful, anti-American “Prop 1,” which they oxymoronically called the “Equal Rights Amendment.” Prop 1 would change our NYS Constitution forever embedding in it a sinful shift of power from We The People to the government to do whatever they/it deems appropriate, in the supposed name of “equity and inclusion.”

Prop 1 abolishes women’s rights, women’s sports, single-sex anything and everything, it severely weakens parental rights, it empowers DEI and outlaws meritocracy, and it gives the government the power to discriminate against you in the name of preventing or reversing past discrimination! We won that case at the trial court level and Prop 1 was removed from the November ballot. But as is standard for elitist politicians, the Dems appealed the case, and the same pathetic Fourth Department reversed our victory at the trial court, and the same pathetic Court of Appeals refused to hear the case. (Are you seeing a trend?) 

So in the spring of 2024, I teamed up again with Congressman Zeldin, and we, together with my organization, Vote NO on Prop One Committee, fought against the radical Dems that run NYS with their dishonest campaign to pass Prop 1. We came very close to defeating Prop 1, but it ultimately passed by 56% of the vote. My detailed analysis of what happened with Prop 1 can be accessed here.

Though the winds of change have taken hold in our nation’s capital, there will be no lasting change, nor will there be a change in New York State (and other blue states like it) unless we force those winds to remain permanent, and cajole them to descend upon our State. That is the next battle.

Indeed, I have faith. 

Republished from the author’s Substack

High Court Paves the Way for Quarantine Camps
by Bobbie Anne Flower Cox at Brownstone Institute – Daily Economics, Policy, Public Health, Society

Source: Brownstone Institute Read the original article here: https://brownstone.org/