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Obama, Clinton 9th Circuit Judges Suspend Bill of Rights Until Coronavirus is Cured
FrontPage Magazine ^ | Mon May 25, 2020 | Daniel Greenfield

Posted on 05/25/2020 7:16:13 PM PDT by Texas Fossil

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.

(Excerpt) Read more at frontpagemag.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: 9thcircuit; barrysilverman; billofrights; california; covid19; gavinnewsom; greenfield; jacquelinenguyen; judge; ninthcircuit; ninthcircus; obamajudge; suspends
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To: Texas Fossil

Oh,plus it’s the Ninth Circuit...seems to me that the decisions of that court always smell of ozone! LOL!


41 posted on 05/25/2020 8:37:27 PM PDT by proud American in Canada (In these trying times, Give me Liberty or Give me Death!)
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To: thinden

No, your not confused, but PRESIDENT TRUMP would need about 5 or 6 additional appointees to this court to make it majority conservative.


42 posted on 05/25/2020 8:45:16 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: Texas Fossil

I sent an email
Thanking them,
God Bless them.
God help us All.


43 posted on 05/25/2020 8:53:51 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Spok

Good Words!


44 posted on 05/25/2020 8:55:02 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: ClearCase_guy

Especially when
Something Important
Happens,
People need Church,
Me included!
Don’t get me started
On that pesky
2nd Amendment thingy.


45 posted on 05/25/2020 8:57:58 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Texas Fossil

Socialism is
The True Virus
Here!


46 posted on 05/25/2020 8:59:31 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: ClearCase_guy

Why do YOU need the USSC to affirm your ABSOLUTE RIGHTS. That means you are willing to gamble them on the whims of 5 people. It is GO time people, if we are to save the country we MUST assert our Rights now.


47 posted on 05/25/2020 9:08:48 PM PDT by Glad2bnuts (“If there are no absolutes by which to judge society, then society is absolute.” Francis Schaeffer)
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To: Texas Fossil

If left unchecked these “deaths by a thousand leftist cuts” will destroy America turning it into some evil twisted version of Ireland which has gone so far left it’s no longer recognizable. Sad too because there was a time when it and its people were highly respected. No more and probably not in the foreseeable future.


48 posted on 05/25/2020 9:54:06 PM PDT by Boomer (Dems are a leftist plague of hate, fake news, and disinformation aka liars.)
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To: Texas Fossil

There was an “attempted”
Raid yesterday at the
Cornerstone Baptist Church
In Chicago by 3 marked
Squad Cars full of Cops.
The doors were locked
and the Cops were Not
Given access.
The Paster said;
“It was like a Soviet
Raid,,,”
.
Breitbart

They are overplaying
Their Hand!


49 posted on 05/25/2020 9:55:46 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Glad2bnuts

Read my #48,,,
.
It’s Time


50 posted on 05/25/2020 9:58:20 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Glad2bnuts

Sorry #49


51 posted on 05/25/2020 9:59:13 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Big Red Badger

I’m sick of this
ChiCom Crap.


52 posted on 05/25/2020 9:59:55 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: thinden
As FoxInSocks pointed out, it was a three-judge panel of the Ninth.

Das Demokratisch Lugenpresse ALWAYS lies about three-judge panels when it serves their purposes.

Here's the United States Court of Appeals for the Ninth Circuit [as of January 2, 2020]:

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================
Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present   &2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump

=========================
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991 	1991–present	Nixon   &1988–1991
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996 	1996–present	Nixon   &1991–1996
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011 	2011–present	Carter  &2000–2007
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
66	Senior Circuit	Jay Bybee	        Las Vegas, NV	1953	2003–2019	2019–present	G.W. Bush
85	Senior Circuit	Carlos Bea	        San Francisco	1934	2003–2019	2019–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

& denotes Chief Judge of the Court
* denotes Federalist Society member

The Ninth requires an 11 member panel for an en banc hearing.

Look for that.

The court thus provides for a limited en banc review by the Chief Judge and a panel of 10 randomly selected judges.

We start with one Rapin Bill judge (the Chief POS), and then cut our luck on the remaining ten.

53 posted on 05/25/2020 10:28:54 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: Texas Fossil

0.4 % of the symptomatic die...this is serious folks.

99% of those symptomatic are already hospitalized. We must protect the young amongst us and especially the religious.

Please continue to discontinue church services because most infected are already contained in hospital and only .4 % won’t recover


54 posted on 05/25/2020 10:29:09 PM PDT by Hypo2
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To: thinden; FoxInSocks; Blood of Tyrants; 5th MEB
As FoxInSocks pointed out, it was a three-judge panel of the Ninth.

Das Demokratisch Lugenpresse ALWAYS lies about three-judge panels when it serves their purposes.

Here's the United States Court of Appeals for the Ninth Circuit [as of January 2, 2020]:

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================
Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present   &2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump

=========================
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991 	1991–present	Nixon   &1988–1991
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996 	1996–present	Nixon   &1991–1996
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011 	2011–present	Carter  &2000–2007
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
66	Senior Circuit	Jay Bybee	        Las Vegas, NV	1953	2003–2019	2019–present	G.W. Bush
85	Senior Circuit	Carlos Bea	        San Francisco	1934	2003–2019	2019–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

& denotes Chief Judge of the Court
* denotes Federalist Society member

The Ninth requires an 11 member panel for an en banc hearing.

Look for that.

The court thus provides for a limited en banc review by the Chief Judge and a panel of 10 randomly selected judges.

We start with one Rapin Bill judge (the Chief POS), and then cut our luck on the remaining ten.

55 posted on 05/25/2020 10:30:21 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: Texas Fossil

Every judge and officer of the court, should be arrested under:

https://www.justice.gov/crt/deprivation-rights-under-color-law

TITLE 18, U.S.C., SECTION 242

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW


56 posted on 05/25/2020 10:33:33 PM PDT by Grimmy (equivocation is but the first step along the road to capitulation)
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To: All

Time for people in CA to just rebel and reopen...you can’t arrest everyone.


57 posted on 05/25/2020 11:02:17 PM PDT by DHerion
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To: Texas Fossil

Isn’t liberalism great?


58 posted on 05/26/2020 12:47:45 AM PDT by chopperk
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To: Glad2bnuts

Well, I agree but don’t you think we should give the traditional means a chance before we turn to weapons?

Before my tagline said Jefferson’s “The tree of Liberty must, from time to time, be refreshed with the blood of Patriots.”

I believe that, but let’s give it a bit of time before we enter into a bloody Civil War. That was our bloodiest war ever.

And we are as divided as ever, maybe even more.


59 posted on 05/26/2020 1:02:56 AM PDT by proud American in Canada (In these trying times, Give me Liberty or Give me Death!)
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To: proud American in Canada

These rulings are based on the fact that by the time it gets to the SC the argument will be that the restrictions have been lifted so the case is moot.


60 posted on 05/26/2020 1:31:06 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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