FAST FIVE: California Church Asks US Supreme Court To Intervene In Lockdown Battle After Clinton, Obama Judges Strike Down
California Church Asks US Supreme Court To Intervene In Lockdown Battle After Clinton, Obama Judges Strike Down Tyler Durden Mon, 05/25/2020 – 18:00 A California church and its bishop have asked the US Supreme Court to step in after the 9th Circuit Court of Appeals struck down their emergency application to reopen amid the coronavirus pandemic, in defiance of executive orders issued by Gov.
The panel's third judge, Trump appointee Daniel Collins, weighed in with an 18-page dissent arguing that Gov.
“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 services8 – the State's Reopening Plan undeniably 'discriminate[s] on its face' against 'religious conduct,” Collins continued.
While the 1905 high court ruling remains on the books with no case since where the justices have grappled with similar issues, in his dissent from the Friday 9th Circuit order, Collins sounded skeptical about the sweep of the century-old case.
“Even the most ardent proponent of a broad reading of Jacobson must pause at the astonishing breadth of this assertion of government power over the citizenry, which in terms of its scope, intrusiveness, and duration is without parallel in our constitutional tradition,” he said.