Celebrate the 225th Anniversary of the Bill of Rights on December ...

They said it. I didn't.

The 9th U.S. Circuit Court of Appeals on Friday ruled that Democratic California Gavin Newsom's ban on in-person church services during the coronavirus pandemic can stand.

The lawsuit, filed by South Bay United Pentecostal Church in San Diego, prevents that church from reopening, according to the Los Angeles Times

The "constitutional standards that would normally govern our review of a Free Exercise claim should not be applied," wrote the two judges in the majority opinion.

"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,'" according to the opinion.

The ruling came from  Judges Jacqueline Nguyen and Barry Silverman, Nguyen is an Obama appointee and Silverman, a Clinton appointee. The 9th Circuit has a longstanding terrible reputation, but this is a new low.

About the only thing Nguyen and Silverman didn't do is reference crying fire in a theater. Perhaps these two lefty scholars can point us to where the First Amendment states, "except in an emergency".

Are they proposing the suspension of the Bill of Rights until there's a cure. Which may never happen.

Bizarrely, the Democrat judges are quoting a minority dissent arguing that speech could be censored if it was inflammatory. Jackson was arguing that the authorities should have the right to stop Nazi supporters from saying racist things in public because it would lead to disorder and then America would go the way of Nazi Germany. Jackson was a great man, but wrong in this case. That he's being quoted by the majority in this ruling is troubling at best considering the original implications.

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  • Martial Law needs to be declared... the Courts don't have the Constitutional Power to suspend habeas corpus or any of our rights... the suspension of our Constitutional rights is an Executive and Legislative Branches power... and then only when the courts and law enforcement are unable to unwilling to protect the rights of Citizens.  Then, the Commander in Chief of the Military may declare Martial Law in those areas where the courts and the police are unable to keep order and faithfully administer the laws of the United States.

  • The political left in its many manifestations throughout history, currently the Democrats, in the more recent past socialist/communist and their many euphemisms, royalty with many terms denoting their exalted status, and tribal rule extending back into prehistory have all viewed rights as being privileges to be granted or denied by them.
    They and their political descendants have been at work ever since to erode and water down our natural rights with the avowed intention of eliminating them in the future.
    The statements of many on the left clearly show their intentions.

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