Civil Liberties 9th Circuit Upholds California Ban on In-Person Church

Discussion in 'Political Issues' started by Walt622, May 25, 2020.

  1. Walt622

    Walt622

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    In a split ruling, the court said the government's emergency powers supercede what in typical times would be fundamental constitutional rights, the Washington Times reported.

    More at:
    https://www.newsmax.com/headline/virus-outbreak-church-california/2020/05/24/id/968809/

    If this ruling is not struck down, our country and freedoms as we know it are in serious jeopardy. How could any judge or court read the Constitution and find this government power in it? This is the antithesis of everything the Constitution stands for.
     
  2. Striper05

    Striper05

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    I agree with you....we are in dangerous times


    Sent from my iPad using Tapatalk
     

  3. Bren

    Bren NRA Life Member

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    As constitutional law goes, that is complete nonsense. Many 9th circuit decisions are complete nonsense.

    “We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.

    Not only the kind of hysterical BS I expect from the 9th circuit, but obviously false on its face. How about a "rarely fatal disease"?

    HOWEVER: the 9th Circuit DID NOT "uphold Newsom's ban on in-person church services." It only denied a temporary injunction during the appeal. Obviously their unprecedented departure from the entire history of constitutional law is likely to be a problem for the appellants when they finally do decide the case.

    When I say unprecedented, I mean when they said we need to ignore the constitution in favor of "practical wisdom" they cite a dissenting opinion in Terminiello v. City of Chicago, 337 U.S. 1, 37 (1949) - dissenting means the opinion of the judges who lost the vote at the Supreme Court. In other words, the opposite of the law.
     
    Last edited: May 25, 2020
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  4. Pluto57

    Pluto57

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    Here in Florida, Governor DeSantis had an exemption for the churches. Our stats per 100,000 are nearly identical to California's stats. But I have to agree with the court. The whole point of emergency powers is to be able to do things that can't normally be done, including limiting some rights. If people in California don't like it, they need to petition their legislature to make changes since emergency powers are given to the governor by the legislature. Or they could just quit electing asshats. Neither seems likely to happen.
     
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  5. jeanderson

    jeanderson Making America great again! Platinum Member

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    At best, the judge is misguided and believes he is doing “what’s best” for society. At worst, he’s just another evil, power hungry leftist intent on destroying the Constitution.
     
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  6. wprebeck

    wprebeck Have you seen me?

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    I disagree with your comment on emergency powers. Such authority is supposed to be granted to the executive branch, in order to allow decisions to be made IN AN EMERGENCY that are required and don't have time to be moved through the legislative process.

    Such powers should be limited in both duration and scope, and should be subject to the review of both the judicial and the legislative branches as soon as possible. No single person should have such unilateral authority in our system of government.

    Emergencies are situations that require immediate response. COVID-19 has not required such a response for some time now, and if people have been allowed to shop at Walmart, then the legislature could certainly convene and address the situation in the normal process.

    It's sad that I can simply modify a quote from one of my favorite movies and apply it to the tyranny that is seen across our nation today:

    In order to ensure our security and continuing stability,the following activities are prohibited for a safe and secure society.

    The italicized portion is the movie quote and I changed the phrase "the Republic will be reorganized into the first Galactic Empire" to what you see. Sad that the other fits so well.
     
  7. wprebeck

    wprebeck Have you seen me?

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  8. Monkeybomb

    Monkeybomb Resident Misantrope

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    The 9th circuit is the most overturned court. They have a history of bad rulings being overturned, This will be one of them.
     
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  9. ReaPer105

    ReaPer105

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    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Seems pretty clear that these things prohibit the free exercise of religion. And the MI Governor banning the protests is a clear violation of the rather simple language of the ammendment.
     
  10. arkdweller22

    arkdweller22 Cuhootnified Roamer

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    To invoke emergency powers, there must be:
    1 A real emergency for which an immediate, albeit temporary action is necessary.
    2. The powers invoked should only, and in the narrowest scope possible, address that emergency and only that emergency.
     
  11. wprebeck

    wprebeck Have you seen me?

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    ****ing A!
     
  12. nursetim

    nursetim

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    I thought that President Trump turned the 9th conservative?
     
  13. ricka10

    ricka10

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    The governor should just declare martial law and get the power grab out in the open. I'm sure the Californians would just love that... ;)
     
  14. HarlDane

    HarlDane

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    Speaking of simple language, what is the first word of the amendment?
     
  15. TeaDub

    TeaDub

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    IIRC, many of these Governors made executive orders when the virus cases were quite low. Perhaps in the hundreds. Who and how does an "event" become an "emergency"? Can a Governor just suspend much of the Constitution whenever they want?

    I'm also very curious as to the state laws that supposedly give their executives this emergency power. My WAG is that many of them just did it because they knew they could get away with it. I really need to try to research Georgia's laws on the subject.
     
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  16. HarlDane

    HarlDane

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    There are 50 states and 50 different answers, as the founders intended.
     
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  17. hannstv

    hannstv

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    To the best of my knowledge people are not forced to attend church, they go voluntarily. I guess some children are forced to attend but few of them catch the virus.
     
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  18. serve_and_protect

    serve_and_protect

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    "Emergency powers" are unconstitutional.


    Nothing in the Constitution empowers the government to suspend or take away people's rights during a so-called "emergency."
     
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  19. serve_and_protect

    serve_and_protect

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    Due to 14A (and various SCOTUS rulings during the civil rights era), the US Constitution over-rides state constitutions and state and local laws.

    In other words, states and localities cannot pass laws that are contrary to the US Constitution.

    If state constitutions/laws could over-ride the US Constitution, desegregation would not have happened in the 1960s.
     
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  20. G19Cfan

    G19Cfan

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    Over 80% of their decisions get overturned by the time they reach the SCOTUS. It's a wonder how they don't get impeached,

    Agreed - especially the temporary part. For most states it is 30 days. This is plenty of time for the state legislatures to enact a temporary law and take responsibility for the state government's actions.
     
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