So now politicians are forced to defend policies that protect their constituents in the courtroom.
Courtesy of ABC News:
A federal appeals court has backed California Gov. Gavin Newsom’s stay-at-home order banning in-church services to blunt the spread of coronavirus, rejecting an argument from clerics that the governor is treading on their First Amendment right to free exercise of their religious beliefs.
The U.S. 9th Circuit Court of Appeals issued a split 2-1 ruling denying the request for a temporary restraining order against Newsom’s in-church service ban filed this month by the South Bay United Pentecostal Church in Chula Vista, California.
The ruling was issued late on Friday, the same day President Donald Trump demanded governors nationwide allow churches, synagogues, mosques and other places of worship to reopen immediately.
“The governors need to do the right thing and allow these very important essential places of faith to open right now, for this weekend. If they don’t do it, I will override the governors,” Trump said as his administration released detailed guidance on how religious institutions can safely reopen amid the virus that has killed nearly 100,000 people and infected more than 1.6 million in the United States. “In America we need more prayer, not less.”
It is unclear what legal authority the president has to overrule a governor and the White House could not cite a specific provision that would give Trump that power.
In its ruling in the California case, the federal appellate judges who sided with Newsom found the state’s action of shuttering houses of worship due to a health emergency 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.”
I hate that they phrased it as “unclear” whether Trump has the right to overrule a governor.
He DOES NOT have that right.
As this decision proves Governor Newsom is well within his rights to create policies that protect the people of his state, even if they do not appreciate or agree with them.
https://news.yahoo.com/republicans-sue-block-california-gov-171800721.html?guccounter=1
“The Republican Party launched a legal battle to block California Gov. Gavin Newsom from sending all voters in his state mail-in ballots for the general election, arguing the move is unconstitutional and invites voter fraud.
The Republican National Committee, National Republican Congressional Committee and California Republican Party filed a lawsuit Sunday against Newsom and Secretary of State Alex Padilla in the U.S. District Court for the Eastern District of California.
In their complaint, the groups called the Democratic governor’s action an illegal “usurpation of the legislature’s authority” to set the “time, place and manner” of the election, which they said constitutionally rests with the state Legislature.”
Kinda moot since both houses of the legislature are controlled by the Democrats, but ok. Spin your wheels.
You are the party of Darrell Issa, Devin Nunez and Duncan Hunter. Oh, and Randy “Duke” Cunningham. Yeah, I *soooo* respect your opinion. Not.
LOL, what is the matter, haven’t the republicans figured out how to cheat using mail in ballots? can’t intimidate folks at the polls, but would have to go door to door.
Some say a ban on the existence of churches is the way things are going.
Oh really lol…. please humor us, who are these ‘nsome people’? And where can their literature or opinions be found? lololol.
“The U.S. 9th Circuit Court of Appeals….” Yeah that is all anyone needs to know right there.
This decision will be overruled by a non-activist Court of Laws.
Keep working on that ed problem mister. Some day you just might defeat your problem so keep on trying.
California is moving into Phase 3 of reopening with hair salons and barbershops allowed to reopen their doors in 47 of the state’s 58 counties, Gov. Newsom announces
https://twitter.com/ABC7/status/1265365785842573312