Hey EOTL. How yah been? Long time, huh? Whatcha been up to? Still playing amateur counsel?
1. Wow way to distort my position. Dad4: see this is a deliberate mischaracterization of position in an attempt to lie....when you post the study itself and invite people to read it themselves, I'm not attempting to distort anything. EOTL: The legal issue is not just livestock...it's whether the counties have authority to undertake actions which exceed the enumerated powers set out in the statute, considering no one contemplated such powers at the time the statutes were drafted. It is entirely possible that a court would agree with you and say and statute was not intended to be limiting. It is also entirely possible that the courts could say certain actions undertaken (the relevant one was the shuttering of churches and virtually all economic commerce which was the issue at the time) exceeded the powers granted by the statutes. The emergency decree was a belt and suspenders approach to give the counties more leverage. Newsom facing a political recall made a tactical decision to leave that in place to allow the counties maximum flexibility to do what they thought they needed to do while at the same time not taking any actions himself (such as a state wide indoor mask mandate) that might make him accountable during the recall.
2. My position that the states should have maximum flexibility is because of the US constitution and the states are sovereign entities. As you know, the Constitution doesn't care if California is several multiples the size of Rhode Island. My position that states should be allowed to control their own pandemic responses is based on my belief of a limited interstate commerce clause and that nowhere in the Constitution does it give the federal government power over public health, therefore reserving such right to the states. The counties, of course, have no such sovereign claim, and therefore are subordinate to the state and have such powers only as the state governments delegate under their respective constitutions.
3. Liberals loved the distinction of sovereign powers while Trump was president. Otherwise, Trump would have ordered Newsom and Cuomo and the other blue state governors to open up. Now Republicans love the distinction because DeSantis can give Biden the finger. Having recently returned from the Dakotas, it sets up a hilarious and nonsensical situation that you need to wear a mask to enter a national park there, but pretty much no one else is wearing a mask.
4. At first you had me going (even the reference to Golden Gate) that you are an actual legal scholar but your failure to understand the distinction in 2, the vocab you use and the quasi legal understanding and failure to understand legal nuances (few lawyers take absolutist legal positions....it's beaten out of us in law school) points to you being my old friend EOTL. Missed yah (not).