Sunday, May 24, 2020

Ninth Circus Voids First Amendment

Trump cannot possibly move fast enough on Appeals judges.

The U.S. Court of Appeals for the Ninth Circuit upheld Gov. Gavin Newsom's ban on in-person church services. The decision was in response to a lawsuit brought forth by a California church that argued that the governor's lockdown orders violated First Amendment rights....

..."Individuals can practice religion in whatever way they wish, as long as they're not sitting with each other in large groups inside," [district judge] Bashant said.

The South Bay United Pentecostal Church appealed the decision, but the Ninth Circuit Court of Appeals upheld Newsom's ban on in-person church services late Friday. In a 2-1 decision, the federal appeals court upheld the state's ban, saying that the shelter-in-place orders do not violate the First Amendment, adding that churches are a "higher risk workplace."

"Where state action does not 'infringe upon or restrict practices because of their religious motivation' and does not 'in a selective manner impose burdens only on conduct motivated by religious belief,' it does not violate the First Amendment," the ruling said....
But--in reality-land--this IS a case of disparate treatment.

..."By explicitly and categorically assigning all in-person 'religious services' to a future Phase 3 — without any express regard to the number of attendees, the size of the space, or the safety protocols followed in such services — the State's Reopening Plan undeniably discriminate[s] on its face against religious conduct," Collins wrote....

Guess who appointed Collins?

Regardless of Hack-in-Black twaddle:

...Last week, more than 1,200 California pastors proclaimed that they will defy Newsom's shelter-in-place executive order and will resume in-person church services....
None of them are Catholics, of course.  THOSE Bishops are playing "Girl With the Curl", just like Wisconsin's.

1 comment:

Dave P. said...

Bring it to SCOTUS,then...but if they rule for religious freedom, will Newsom pull a George Wallace?