BREAKING: Fulton judge recuses herself from Kemp-Bottoms case

[demmiblue]

Source: Atlanta Journal-Constitution

Fulton County Superior Court Judge Kelly Ellerbe is recusing herself from a legal battle between Gov. Brian Kemp and Atlanta Mayor Keisha Lance Bottoms over how to respond to the coronavirus pandemic.

She was set to hold the first hearing in the matter at 11 a.m. today, but the proceeding is now canceled, according to the Georgia Attorney General’s Office. No other details were released.

Kemp’s lawsuit accuses Bottoms of violating his executive orders by banning gatherings of more than 10 people on city property and requiring people to wear masks in Atlanta.

Kemp, who has encouraged but not mandated masks in Georgia and who has restricted gatherings of more than 50 people, says cities and counties are barred from enforcing rules that are more or less restrictive than his own. Saying Bottoms has sown confusion among Georgians, Kemp is asking the judge to suspend the mayor’s executive orders and prevent her from “issuing press releases, or making statements to the press, that she has the authority to impose more or less restrictive measures” than him.

Read more: https://www.ajc.com/news/watch-live-hearing-in-legal-battle-between-kemp-bottoms/D5JBDAJSZFD6DJAKMYMCIM6EX4/

[hlthe2b]

1. So, she did not have to indicate the reason for the recusal?

[lagomorph777]

3. I would think so!

[forkol]

7. Looks like she had a case where

She made a previous ruling that has possible bearing on this current case.
My guess is that the AG didn't like her ruling, and looked to get her off the case, because if he had, then I don't think he would have said anything.

[mfcorey1]

2. Is she creating an opening for appointment of a judge in favor of Kemp? I am asking for a friend.

[KY_EnviroGuy]

4. This is 100% classic Republican political philosophy....

with all their thinking guided only by business interests:

From the article:

”When we have local mayors that start going either above or beyond the executive orders that I have in place, and try to pull back on our economy and start shutting our economy and shutting our businesses down, with really a knee-jerk reaction, I can’t allow that.”

I always thought higher authorities traditionally allowed local authorities to make rules more stringent when those rule changes were determined to be in the best interest of the local citizens.


KY......

[marble falls]

5. The Governor is going to lose this case.

[murielm99]

6. Why do you think so?

[marble falls]

8. He can set a standard but localities can tighten it.

[murielm99]

9. Makes sense.

Thank you.