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The law is written that basically emergency powers are granted during a public health emergency, but the emergency powers can only be exercised in relation to t

The law is written that basically emergency powers are granted during a public health emergency, but the emergency powers can only be exercised in relation to the actual emergency. IE Gov Newsom can't declare a state of emergency for COVID, and then force everyone to get TDAP shots (even though it would be beneficial to public health overall), and he can't force everyone to wear two left shoes if science and reason don't support that helping in the emergency(even if he is personally convinced wearing two left shoes will protect you from COVID). So I believe it is that language in the law that the judge is using to question if the measures are actually associated with the public health emergency. This doc goes into the details a bit in plain language: https://emsa.ca.gov/wp-content/uploads/sites/71/2019/03/New-EOM-Public-Health-and-Medical-Emergency-Powers-3-15-2019-002.pdf https://emsa.ca.gov/wp-content/uploads/sites/71/2019/03/New-...

Animats 6y ago
CDPH (California Department of Public Health) has powers related to communicable disease control that are independent of an emergency proclamation. For example, whenever the public health is menaced, CDPH has the authority to control and regulate the actions of local health officials. At all times, CDPH has the authority to take measures necessary to ascertain the nature of a reported disease and prevent its spread. This could include orders for isolation, quarantine or “social distancing.” CDPH also has specific authority to quarantine, isolate, inspect, and disinfect persons, animals, houses, rooms, other property, places, cities, or localities, whenever in its judgment the action is necessary to protect or preserve the public health. Therefore, it is possible that CDPH may exercise these powers in addition to the roles and responsibilities assigned under the ESA and the SEP Those are not emergency powers. Those are normal public health powers.

Animats 6y ago

CDPH (California Department of Public Health) has powers related to communicable disease control that are independent of an emergency proclamation. For example, whenever the public health is menaced, CDPH has the authority to control and regulate the actions of local health officials. At all times, CDPH has the authority to take measures necessary to ascertain the nature of a reported disease and prevent its spread. This could include orders for isolation, quarantine or “social distancing.” CDPH also has specific authority to quarantine, isolate, inspect, and disinfect persons, animals, houses, rooms, other property, places, cities, or localities, whenever in its judgment the action is necessary to protect or preserve the public health. Therefore, it is possible that CDPH may exercise these powers in addition to the roles and responsibilities assigned under the ESA and the SEP Those are not emergency powers. Those are normal public health powers.