Posted on 11/28/2020 12:34:38 PM PST by LibertyWoman
Supreme Court Justice Samuel Alito has rejected a request from a Louisiana pastor who’d sought emergency relief from criminal charges he faces for the apparent crime of holding large church services in contravention of the state’s coronavirus rules.
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As the months passed, Spell wound up accruing three additional charges, making for a total of nine. Now fast-forward to last week, when he filed a motion with Justice Alito requesting an injunction against the charges he faces.
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For reasons that remain unclear, Alito outright rejected the request — meaning it won’t receive a full hearing in the Supreme Court — without even providing comment.
His rejection came as a shocker given how he and the court’s other conservative justices had ruled earlier in the week in a case involving New York Gov. Andrew Cuomo’s equally restrictive coronavirus lockdown rules.
(Excerpt) Read more at bizpacreview.com ...
Why did you feel like you capitulated? It was his shop and if he wanted to you wear a mask, you had the choice between going somewhere else or using his business under his rules.
That’s been my contention as well but we have a bunch of snowflakes and Karens among us who are making that almost impossible
If a mayor or governor issued an emergency order shutting down every business and religious gathering, then that’s OK. But if he shuts down churches while letting Walmart and liquor stores open, it’s a blatant violation of the First Amendment.
You don't get injunctions at the U.S. Supreme Court simply because state-level charges were filed against you. If you wanted to get the case into the federal system, you'd file for an injunction with the local Federal District Court.
Now, maybe ordinary citizens may not know that, but a website that claims all of its articles are "fact-checked and edited" should be held to a slightly higher standard. ***Note to self -- never again click on anything that comes from BPR.***
Excellent. Thank you for providing case precedent
It happens fairly often and the results are always the same.
It has gotten strict around here because of fines.
Nobody was going to let me in with out a mask.
And he didn’t WANT me to wear a mask.
The govt is FORCING him under penalty of fine.
Big difference.
If things were normal and it was his personal fancy to have people wear masks, I would have told him to go #### himself.
But it’s everywhere.
So he and I did capitulate to a nonsensical decision that has as its consequence a brutal fine.
Has to go up the legal chain first.
Alito would probably crush this though in the proper setting. He's been very outspoken on religious liberty.
You gotta know when to hold ‘em
Know when to fold ‘em
Personally I think a business can require whatever they want of me and I can decide whether to shop there or not. Obviously we are way beyond that with the state using businesses to force compliance but still. I don’t want to require my local businesses to risk fines etc because I don’t want to mask up.
The Supreme Court is the Court of last resort...not the first as this pastor and too many freepers believe!
You’re right about some important things.
If it was just some pr.ck who WANTED people to wear masks, I’d have gone somewhere else.
but this is NYC/USSR. It just wasn’t affecting staten island too much and still in the evening few delis bother me.
But I can’t get my car fixed in a deli :)
We need underground business for ALL aspects of life :)
Like when I got my haircut at that Speakeasy that did haircuts, massages and other services on the second floor of an old building...
Gorsuch alteady did. Judicial tyranny.. the mon equal branch.
I think the anger will grow and it needs to grow.
If they put Biden in, I think a lot of people will understand that the Social Contract has been broken.
People are just waiting now because there is still a legal process to go through.
Once there is no further legal process and the government lacks the consent of the governed, who cares what they say the rules are at any level.
“He’s at the wrong place. It’s a local matter FIRST.”
*********************
We are no longer letting technicalities, legalities, or standard processes get in the way of us getting pissed off and rebelling.
If it looks, walks, and smells like unconstitutional control of us then F it and F them.
He could have had the church just recategorized as a gentleman’s (strip) club, and all would have been just fine. /s
His brief to the Supreme Court is online:
His brief also contains a provision that describes why Justice Alito likely denied it (affirming the denial of the Fifth Circuit Court of Appeals):
On June 18, 2020, the Fifth Circuit denied Plaintiffs’ motion and dismissed the appeal. App., Ex. A. The Fifth Circuit reasoned that the appeal was moot because the Governor’s order had expired before the appeal was taken. App., Ex. A at 6. The court also rejected Plaintiffs’ argument that the matter was capable of repetition but evading review, reasoning that Louisiana’s trend had been to reopen the state instead of closing it back down. Id.
But I do know there is a difference between something being right or wrong, and whether it's the place of the supreme court to step in.
That is, Alito might be 100% personally and even legally in agreement with the pastor, and yet still reject the case based on a number of valid reasons.
Summary: Assuming the pastor is in the right legally/Constitutionally, I wouldn't be convinced that this means Alito is suddenly less conservative or rational than he's been in the past.
As for those other reasons to reject a case ... I'm not the best Constitutional/Legal scholar to comment more than I have. I bet others will chime in.
I’ve run in to that a couple times recently, once even when I had a mask on.
I needed a part for our refrigerator and stopped by a local appliance store. There was a mask warning on the door. This is Oregon so I already knew that. Inside the store the floor had 6’ taped markings, more signs. There was no one in the store except appliances. It was quiet, too quiet:)
As I walked up to the counter and placed the broken part on the counter, a person came out and loudly told me “don’t touch the counter, get back behind the line”.
I decided I didn’t need the part that badly and left. It was fortunate because two more things broke or went squirrel on the refrigerator. I am buying a new refrigerator from the only other appliance store in town.
I thought so too, and the way I interpreted it, the pastor has not exhausted every legal means, OR because of the SCOTUS decision this week which is a win for church gatherings, Alito is sending the message not to waste the SCOTUS time and THAT decision ITSELF will suffice for his case..
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