LAW FIRM PRESS RELEASE

MISSISSIPPI ATTORNEY SUES GOVERNOR TATE

REEVES TO HAVE COVID-19 EXECUTIVE ORDERS
DECLARED UNCONSTITUTIONAL
HERRIN V REEVES, 3:20-cv-263-MPM-RP, United States District Court,
Northern District, Oxford Division
HHH

FOR IMMEDIATE RELEASE: 9/23/2020

The Law Office of Michael D. Herrin, PLLC
1.662.816.6989
attorneymichaelherrin@live.com
 
Mississippi attorney, Michael D. Herrin, has filed a Federal lawsuit against
Governor Tate Reeves in the United States District Court for the Northern
District of Mississippi, Oxford Division. The suit, bearing Case Number
3:20-cv-00263-MPM-RP, has been assigned to Judge Michael P. Mills. The
Complaint may be viewed and printed at
https://www.scribd.com/document/477215849/Federal-Complaint-Herrin-v-Governor-Tate-Reeves

On the heels of a Federal Judge ruling that all of Pennsylvania’s Covid-19

restrictions were unconstitutional in County of Butler v Thomas Wolf,
decided nine days ago on September 14, 2020, a Mississippi attorney has
filed a similarly based suit seeking to have all of Governor Tate Reeve’s 59
Covid-19 Executive Orders declared unconstitutional. The basis of the suit
is that the restrictions on the citizens’ rights to assemble, travel, work,
worship and speak are in violation of the First, Fifth (Taking Clause) and
Fourteenth Amendments (Substantive Due Process, Procedural Due Process
and Equal Protection) to the United States Constitution. Additionally, the
Executive Orders are in violation of the strict requirements of the
Mississippi Emergency Management and Civil Defense Act (Martial Law).

The suit seeks a Declaratory Judgment that the Executive Orders are
unconstitutional and an Injunction preventing the Governor from enforcing
them. The suit alleges that the actions of the Governor are patently
unconstitutional. The suit echoes the statement of the United States
Attorney General William Barr; “Putting a national lockdown, stay at home
orders, is like house arrest, other than slavery, which was a different kind of
restraint, this is the greatest intrusion on civil liberties in American
history."
Additionally, the suit alleges that the Governor’s Orders were not narrowly
tailored to address the threat at hand as required by the Constitution, are
arbitrary and capricious and in violation of the Emergency Management and
Civil Defense Act which requires that the emergency actions be reduced or
terminated at the earliest possible date that conditions warrant. The
Mississippi State Department of Health’s own data does not support the
“Flattening the Curve” narrative. As of the suit’s filing date:

 87.3% of all Mississippi Covid cases did NOT require hospitalization.

 Covid patients occupy only 8% of Mississippi’s hospital beds.
 Mississippi has 1,925 vacant hospital beds, 4 times the number of
Covid patients.
 Covid patients occupy only 16% of Mississippi’s ICU hospital beds.
 Mississippi has 147 ICU Covid patients and 904 staffed ICU beds.
 Mississippi has 74 patients on ventilators.
 Mississippi refuses to publish the number of ventilators available in
the State.
 According to their own press conference, UMMC has over 300
ventilators alone (1 hospital has over 4.5 times the number of
ventilators as are in use).
 The Mississippi Covid death rate is 3% of active infections (half the
national rate) and .0009 of the total population.
 84% of all Mississippi Covid deaths were age 60 or older.
 Mississippi has had 1 Covid death age 18 or younger.
 41% of all Mississippi Covid deaths were Long Term Care facility
residents.
 Mississippi refuses to publish co-morbidity death figures.
 The “non-noted” co-morbidity death chart column indicates there have
been virtually no Covid only deaths in Mississippi.

The suit also alleges that the Governor’s Orders are arbitrary and
capricious. His essential/non-essential listings have no basis in reason or
relation to the virus. The numeric limitations vary by location and activity
with no relation to the virus. The school restrictions do not reflect the actual
threat borne by the virus as indicated by the State’s own case and death
data. The social distancing requirement is the height of arbitrariness as
evidenced by the global variations from 3.3, 4.6, 5 and 6 feet depending
upon the country of implementation.

The suit does acknowledge Governor Tate’s good intentions and does not
allege that he has in any way acted maliciously. But good intentions do not
excuse Constitutional violations. As the Pennsylvania Federal Judge stated
in striking down all of that State’s Covid restrictions: “Good intentions
toward a laudable end are not alone enough to uphold governmental action
against a constitutional challenge. Indeed, the greatest threats to our
system of constitutional liberties may arise when the ends are laudable, and
the intent is good--especially in a time of emergency. In an emergency,
even a vigilant public may let down its guard over its constitutional liberties
only to find that liberties, once relinquished, are hard to recoup and that
restrictions--while expedient in the face of an emergency situation--may
persist long after immediate danger has passed.”

Attorney Herrin is a fervent supporter of our Constitution. He swore an

oath to uphold that Constitution when he was sworn in as a Mississippi
attorney thirty years ago and he views this suit as necessary to uphold that
oath.

Attorney Herrin is a sole practioner and has set up a GoFundMe page at:
https://www.gofundme.com/f/lawsuit-to-end-covid-restrictions-in-mississippi?
utm_source=customer&utm_medium=copy_link&utm_campaign=p_cf+share-flow-1 to accept
donations to defray the costs of the litigation.