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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: butlerweave
Don't put it past them.

Another Obama Executive Order Allows Seizure of Americans’ Bank Accounts October 12, 2012

21 posted on 05/25/2020 7:35:15 PM PDT by TigersEye (If you see me wearing a mask ... don't assume I'm wearing it for Covid-19.)
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To: Texas Fossil

Did the court shut down the Church of Home Depot and the Church of Wal Mart, too?

I didn’t think so.


22 posted on 05/25/2020 7:37:43 PM PDT by FreedomVsControl
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To: Texas Fossil

Do I hear bag pipes playing in the DOJ???


23 posted on 05/25/2020 7:38:35 PM PDT by EagleUSA
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To: EagleUSA

I pray for something much loader than a bagpipe.


24 posted on 05/25/2020 7:49:01 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Texas Fossil

“...or the day Biden is elected President”


25 posted on 05/25/2020 7:52:48 PM PDT by Zathras
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To: entropy12

0.0003%


26 posted on 05/25/2020 7:55:45 PM PDT by xkaydet65
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To: Texas Fossil
America’s law schools obviously suck. An eighth grader could do a better job.
27 posted on 05/25/2020 8:01:18 PM PDT by Chgogal (Wuhan Virus, Chinese Virus, Kung Fu Virus - Wuhan Chinese Kung Fu Virus aka CCP virus.)
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To: Texas Fossil

It will go as far as the people allow.


28 posted on 05/25/2020 8:05:40 PM PDT by Blood of Tyrants (Tyrants don't just give you your freedoms back. You have to take them.)
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To: thinden

Not yet, but he is getting very close on the full court, this was a three judge panel.


29 posted on 05/25/2020 8:10:00 PM PDT by Blood of Tyrants (Tyrants don't just give you your freedoms back. You have to take them.)
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To: thinden
This case was heard by three judges, not the full court en banc.
30 posted on 05/25/2020 8:11:03 PM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: EagleUSA

No. The sad notes of Taps from a distant bugle.


31 posted on 05/25/2020 8:14:17 PM PDT by whistleduck
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To: butlerweave

They’re working on it - believe it.


32 posted on 05/25/2020 8:15:09 PM PDT by beethovenfan (Mene, Mene, Tekel, Upharsin)
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To: Texas Fossil
I wonder what would happen if a congregation made plans to meet at Walmart. Would that be ok with the governor?
33 posted on 05/25/2020 8:16:43 PM PDT by Nevadan
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To: Blood of Tyrants

“”We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure.”

Not a word of which is true.>>> yes it is. it’s called democrat/commie.


34 posted on 05/25/2020 8:16:58 PM PDT by kvanbrunt2 (spooks won on day 76)
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To: Texas Fossil

Often fatal if you’re in a NY nursing home.


35 posted on 05/25/2020 8:17:04 PM PDT by bigbob (Trust Trump. Trust the Plan)
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To: clearcarbon

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure.”

Well sure, remember when they made homosexual sex illegal and closed the gay bars because of AIDS, until they found a cure.

Wait a minute…


36 posted on 05/25/2020 8:28:32 PM PDT by Ouchthatonehurt
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To: Blood of Tyrants

Absolutely Correct!
Fact also,
Few will
Stand Up for the
Constitution or
Demand their Churches
Be Opened!
.
Rebellion to Tyrants
Is Obedience to God!
.
Benjamin Franklin.


37 posted on 05/25/2020 8:30:42 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: BigEdLB

That’s right...the Second Amendment protects the First Amendment.


38 posted on 05/25/2020 8:32:13 PM PDT by proud American in Canada (In these trying times, Give me Liberty or Give me Death!)
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To: butlerweave

A bad Hay Fever Season
and That’s the Reasoning
Next Year.
.
Spit


39 posted on 05/25/2020 8:33:04 PM PDT by Big Red Badger (He Hath Not Given Us A Spirit Of Fear)
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To: Texas Fossil

This is definitely going to the Supreme Court, one way or another. There are so many cases all over the country that eventually it will end up there.


40 posted on 05/25/2020 8:34:48 PM PDT by proud American in Canada (In these trying times, Give me Liberty or Give me Death!)
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