By Curtis Cost
The appellate court of the State of New York did the unthinkable which was they dismissed the people's case presented by Attorney Bobbie Anne Cox against the quarantine camp regulation which Governor Kathy Hochul and her Attorney General Leticia James want. Technically, the governor could soon start throwing people into quarantine facilities.
I have been fighting against this quarantine camp legislation for roughly 2 years. I've organized rallies, forums, interviews, flyer distributions, and fundraising for Bobbie Anne's legal defense fund. Needless to say, I was shocked by this decision as is the numerous volunteers who have been on the frontlines. on the streets in the cold winters and on hot summer days.
BACKGROUND
The Quarantine Regulation
New York Governor Kathy Hochul, decided to create a regulation which has the force of law regarding quarantine camps. This would allow the governor and her healthcare department to throw New Yorkers into quarantine facilities anywhere in the state of New York or force them to be confined to their homes. The police could literally drag someone from their home in the middle of the night with no proof that the person is sick with anything. There is no due process! There is no court hearing required before a person is thrown into a quarantine facility and a person can be held indefinitely with no right to a court hearing.
Separation of Powers
Among the numerous problems with this is that Governor Hochul is part of the Executive Branch of the New York State Government. The job of the executive branch is to enforce the laws passed by the New York State Legislature. The Executive Branch does not have the authority to make laws. Unfortunately, this is exactly what Governor Hochul is seeking to do with this regulation. She is trying to undermine the authority of the New York State Legislature by giving herself powers that she does not have. She is attempting to set a very dangerous precedent that would undermine the will of the NY Legislature and ultimately the will of the people who the legislature represents.
Victory In The Supreme Court
Last year, Attorney Bobbie Anne Cox, who has been practicing law for the past 25 years, took her case to the New York State Supreme Court and won! She was representing several NY State Legislators and a citizens group called Uniting NYS. The judge ruled that the governor’s regulation was illegal and unconstitutional. His reasoning was spelled out in a 14-page decision.
Those of us who have been supporting Bobbie Anne and spreading awareness about this case were delighted! We were keeping our fingers crossed hoping that Governor Hochul and Attorney General James would not file an appeal, especially given the strength of the Supreme Court’s decision.
The Appeal
Unfortunately, 8 months later, on the last day that they could file an appeal, they went ahead and filed it! Of course, we were frustrated by this, but we were ready to roll up our sleeves and get back into the trenches!
The appeal took place this past September at the Appellate Court in Rochester, Minnesota. Hundreds of supporters were there to greet Bobbie Anne as she approached the courthouse. The courtroom was packed! Bobbie Anne’s presentation was absolutely brilliant, and the people knew it! There was a standing ovation by everyone in the courtroom. There were cheers in the hallways and on the streets that lasted for about 20 minutes.
I found it hard to imagine that the judges could refute any of the compelling arguments that Attorney Cox had made. Not only were her arguments compelling, she also presented them in a way that was very clear to the average person. Once again, I and countless others crossed our fingers and held our breaths hoping that the judges would do the right thing and reject the quarantine camp regulation and we could move on to other challenges.
The Appellate Court Says Yes To Quarantine Camps
Well, those hopes and dreams for a positive outcome were shattered when the appellate court made its decision on November 17, 2023! The court was made up of 5 judges, two of which were appointed by Governor Kathy Hochul and two were appointed by former governor Mario Cuomo. Only one judge was a Republican. They ruled against the people and in favor of quarantine camps for New Yorkers!
No “Standing?”
In making this decision, the judges in the Appellate Court failed to refute any of the points that Attorney Cox made. Instead, the judges ruled that her clients did not have standing! This of course was absolutely ridiculous! Whether or not her clients had “standing” was not even an issue during the trial with the NY State Supreme Court. “Standing”, simply means whether or not a client has the right to sue. Given the fact that the case is focused on the governor trying to give herself powers that she did not have, and in so doing undermining the authority of the legislature, it only seems obvious that members of the NY State Legislature, whom Attorney Cox was representing, would have standing.
The other shocking thing about this ruling is that Attorney Cox addressed the issue of standing head-on in the hearing before the Appellate Court. She referenced the case Silver v. Pataki and pointed out that in a situation in which a member of the legislative branch believed that the executive branch was infringing on their power, even one member of the legislature does have standing in a court proceeding. In short, this means that the NY State Legislators whom Bobbie Anne is representing, DO HAVE STANDING, according to the decision in Silver v. Pataki.
In addition, as Attorney Cox was concluding her remarks on “standing”, Judge Nancy E. Smith interrupted her and said: “I think we understand that.” If Judge Smith and apparently the other judges understood the ruling in Silver v. Pataki, then how could they rule that Attorney Cox’s clients did not have standing? You can see Attorney Cox’s presentation on “standing” during the court hearing by clicking here:
. She covers the issue of “standing” during roughly the last 5 minutes of her comments to the court. You can also read the case Silver v. Pataki here: https://law.justia.com/cases/new-york/court-of-appeals/2001/96-n-y-2d-532-1.html .
Why The Ruling Is So Dangerous
The appellate court’s ruling has other far-reaching implications. It opens the door for Governor Hochul and future governors to create other regulations that are really laws in disguise which would undermine the legal authority of the NY State Legislature and therefore the will of the people. This would be equivalent to Joe Biden being able to write laws instead of the U.S. Congress!
Furthermore, this ruling not only threatens NY State, but the entire country since other states would also try to implement their own quarantine camp regulations and undermine the legislatures in those states.
The ruling by this court is a clear example of putting the cart before the horse. The first and foremost issue they needed to address was whether or not the governor had the legal authority to create a law which effectively this regulation was. Why would they skip over this critical issue which was the foundation of Attorney Cox's lawsuit, and jump to the issue of standing which was something that was not even an issue in the Supreme Court case?
Furthermore, the judges did not even try to refute the fact that this regulation was illegal and unconstitutional as the Supreme Court judge found. These five judges also ignored the fact that this regulation would impose great hardships on the public in the form of people being forced into quarantine facilities anywhere in the state or being forced to be locked into their apartments and homes. They chose to ignore the fact that there was no due process in this regulation. People would not be given the opportunity to go before a judge to prove that they were not sick with anything. The five judges of the appellate court ignored all of these issues in their ruling against the people as represented by Attorney Bobbie Anne Cox.
Apparently, the appellate court feels that the only way a person can have “standing” is if they are specifically harmed by this regulation. Rest assured that the issue of “standing” will be vigorously challenged.
Next Stop – The Court of Appeals
Fortunately, there is another court above the appellate court. It's called the Court of Appeals. It is the final decision maker for cases in New York State. This court operates in a similar manner to the United States Supreme Court, in that they have the option of whether or not to hear a case. Attorney Cox has every intention to file an appeal with the New York State Court of Appeals.
What Will Hochul Do?
As a result of this ruling by the Appellate Court, Governor Hochul can start the process of reinstating the quarantine regulation. There are arguments on both sides as to whether she will do this in 2024. I think that it is better to assume the worst. We need to do everything that we can to raise public awareness and send a clear signal to Governor Kathy Hochul and Attorney General Letitia James, that the people of New York do not want quarantine camps. They need to know that the power is with the people!
I have spoken to numerous supporters who are disappointed by this decision, but they are even more charged up to resume the fight for our freedoms. While specific action steps are being considered, here are a few things that everyone can do:
· Make sure that you understand the issues by viewing the interviews and forums I have done on quarantine camps:
From Africa to NY – The Threat of Quarantine Camps (TRAILER)
https://curtiscost.substack.com/p/from-africa-to-ny-the-threat-of-quarantine
Attorney Bobbie Anne Cox – What Really Happened At The Court Hearing Regarding Quarantine Camps? Dramatic Revelations!
https://curtiscost.substack.com/p/attorney-bobbie-anne-cox-what-really
Forum: NY Quarantine Camps - The Threat Continues!
https://curtiscost.substack.com/p/forum-ny-quartine-camps
Children's Health Defense - Rally In Harlem Against Quarantine Camps!
https://curtiscost.substack.com/p/childrens-health-defense-rally-in
Curtis Cost on the Stew Peters Show
Dramatic Updates on SIDS, SADS, Autism, Quarantine Camps and more
https://curtiscost.substack.com/p/curtis-cost-on-the-stew-peters-show
Horrific Quarantine Camps In China
This is What They Want To Bring To America!
https://curtiscost.substack.com/p/horrific-quarantine-camps-in-china
· Share this Substack and links with your online networks, family, neighbors, and community leaders including church leaders, as well as local news media, radio shows, podcasts, etc.
· I will be sharing updates on this issue, here on my Substack: curtiscost.substack.com
· Those who wish to support my efforts can do so by becoming a free or paid subscriber.
· If you live in the New York area and would like to join our rallies and other activities, please email me.
· You can support Attorney Bobbie Anne’s legal defense fund by clicking here:
https://substack.com/@attorneycox
· For additional updates visit:
Uniting NYS
https://unitingnys.com/
Children’s Health Defense
https://childrenshealthdefense.org/
Curtis Cost
curtiscost.substack.com
Thank you for covering my lawsuit battle in your article, Curtis! It's so important people know what is going on, and what they can do to help. I am giving updates on my Twitter @Attorney_Cox and on my Substack too - AttorneyCox.Substack.com
Bizarre & surreal are the only words that comes to mind for this court decision. And brilliant is the word that comes to mind over reading your current Substack article on the topic. I think besides being an amazing journalist, you would have also made an outstanding Attorney.