TriggerFinger


9th Circus makes it official: suspends 1st Amd during pandemic


Two judges in the 9th Circus have purported to suspend the 1st Amendment until there is a cure for the Kung Flu.

This doesn't actually surprise me much; there's historically a lot of latitude for this sort of thing during public emergencies. Courts will let the executive handle the emergency and focus on reviewing it all well after the fact.

The aspect this court is missing -- probably deliberately -- is whether there is actually an emergency that justifies that treatment. There's certainly a panic, but I'm not convinced the data shows an actual emergency. So can the government exaggerate an unusual, but not disastrous, new disease and get a pass from the bill of rights? I suspect not, but I doubt the courts will say so until more time makes the evidence very clear. Particularly courts with a liberal bias.

There's also the question of duration; temporary restrictions can pass muster where permanent ones would not. So, for how long are we supposed to hide from the Kung Flu? What happens if there is never a cure, never a vaccine, and (just like the normal flu or the common cold) we just have to learn to live with it? Does the bill of rights stay suspended then?

This entry was published Wed May 27 01:42:41 CDT 2020 by TriggerFinger and last updated 2020-05-27 01:42:41.0. [Tweet]

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