Roberts, the same one who allowed Obamacare to remain on the books, joined with Ginsburg, Breyer, Sotomayor, Kagan. They upheld California’s restrictions on religious gatherings.
“Amendment I
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Is that not clear enough? It applies to the states by the Incorporation Doctrine of the 14th amendment. That is not at issue.
One constitutional remedy is to impeach the Supreme 5. This means that the House of Representatives would have to find that they committed one or more High Crimes or Misdemeanors. This is out of the question with a Democratic House. Furthermore the Senate would have to convict in a trial. This remedy is too remote a possibility. However, it’s good for publicity and educational purposes. After all, if tearing up the First Amendment is not a high crime, then what is?
Another remedy is for the Executive to pressure California by some legal means and loopholes found in existing legislation by which California depends on federal money. This is a messy way to go, and it’s an indirect means that doesn’t address the constitutional violation directly.
Another remedy is to beat up on Governor Newsom of California politically. This too is messy and indirect.
Yet another remedy, perhaps the best one under the circumstances, is mass religious disobedience and organization. Churches can unite and petition their governments. This creates a political incentive for legislators to act. They’ll get scared at losing votes. That in turn may allow the Supreme 5 to back off in a case in which the disobedient worshipers are arrested.
Religious services are an exercise of a fundamental right that’s recognized in the First Amendment. In addition, religious organizations provide essential services whose value is especially high in troubled times. The “free exercise thereof” means exactly what it says. The government cannot legally prohibit any methods of worship that the organization uses on its property. There is no public safety loophole that allows a government to suspend the Constitution.
12:34 pm on May 30, 2020
