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Supreme Court has spoken, re: coronavirus restriction


Westtown Willy

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And here we have it. I believe this is the first constitutional challenge to a coronavirus restiction that has filtered its way all the way to the top & as expected the Supreme Court, even with its conservative majority, held that a California rule restricting church services to 25% capacity (in alleged violation of the 1st Amendment) was constitutional. Kavanaugh wrote the dissent stating that the law was not ‘narrowly tailored to advance a compelling government interest’, which makes a lot of sense to most of us.

Despite its application to the specific circumstances of the case, capacity of church services in one state, this decision is very important to all claims across the country because it gives us a glimpse into where the court’s head is as related to the million & one executive orders floating around out there restricting our rights. It’s not surprising that all 4 liberal justices found the government’s restrictions justifiable while 4 of the 5 conservative justices found them not justifiable. What’s also not all that surprising is that Chief Justice Roberts provided the swing vote to the liberal side, if you remember he’s the same Justice that provided the swing vote to the liberal side in upholding the constitutionality of the ACA, a huge government overreach in my estimation. He’s really showing himself to be a wildcard & not one to be counted on to always side with the staunch conservative justices.

It is for this reason that the upcoming election takes on even more importance, as if that were even possible, because it seems there is a good chance that the next president may appoint at least one more justice, if not two.

Here’s the decision if you’re interested, not all that lengthy but it makes the point. Kavanaugh’s dissent is more interesting because again I think it echoes the way most of us see this particular issue, particularly when he compares churches to other establishments that have no similar capacity restrictions, very interesting stuff:

https://www.supremecourt.gov/opinions/19pdf/19a1044_pok0.pdf

Also, this is a very limited decision to the specific facts of the case they heard & not to be taken as a blanket statement that all executive orders are in fact constitutional. I believe more cases will trickle up to the Supreme Court & sooner or later the scales will tip, & perhaps the court will give a more detailed opinion.
 
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Chris

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What a shame. I had a feeling this would happen, I just didn’t want to admit it.