- In May, Wisconsin Supreme Court overturned the state’s “Safer at home” Order.
- In Kentucky, a Judge called draconian city-wide lock up measures and recording church go’ers license plates as “stunning” and “unconstitutional”. The Kentucky Governor was directed to stop issuing executive orders on covid-19.
- In September, Federal court ruled Pennsylvania’s lock up orders unconstitutional.
- San Francisco relented after the DoJ wrote a memo saying San Francisco’s restrictions on churches were unconstitutional. A day later San Francisco amended its rules to comply with the Constitution.
- NYC is being sued over Covid-19 restrictions targeting Jews.
- In October, the Michigan Supreme Court ruled against the Michigan Governors indefinite emergency Orders ruling she had no authority to continue her emergency orders forever. My own state, however, has an actual law that permits the Governor to unilaterally renew her emergency declaration forever without seeking consultation or approval from the people or the Legislature. She has renewed her order, now, out to 11 months.
- In October, a court struck down draconian Washington DC Orders that denied churches the opportunity to operate the same as other organizations and businesses.
- In Spain, a court overturned the government’s lock up Order.
- In October, a Pennsylvania Court has ruled that the Governor’s public health Orders are not enforceable.
- In November, a Judge ruled against part of California Governor Newsom’s Covid-19 Orders.
- In November, the US Supreme Courts writes “Even in a pandemic, the Constitution cannot be put away and forgotten“
- In December, Judge orders Los Angeles County to show its evidence for outdoor dining ban – and to provide a full risk vs benefits analysis. Closing all restaurants is not risk free either, he points out. They are due back in Court in 7 days. Update: Judge rules the outdoor restaurant ban was arbitrary and not supported by evidence. The full Court ruling is here.
- In December, US Supreme Court rules against Colorado restrictions on churches.
- In December, 9th Circuit Court of Appeals strikes down Nevada’s restrictions on churches.
- In December, US Supreme Court strikes down some rules applied to churches in New Jersey plus churches on Colorado.
- Appeals Court rules against Nevada’s public health Orders on church capacity.
- In December, after a prior Court Order expired in San Diego, County officials forced closure of a strip club. The next morning, a Judge extended the Court Order to permit them to remain open and also said it applies to restaurants. The County is now considering new legal options.
- In December, the Wisconsin Supreme Court is questioning with business capacity constraints are legal.
- On December 19th, Los Angeles County gave up its attempt to ban indoor church activities.
“The Los Angeles County Health Officer Order will be modified today to align with recent Supreme Court rulings for places of worship. Places of worship are permitted to offer faith-based services both indoors and outdoors with mandatory physical distancing and face coverings over both the nose and mouth that must be worn at all times while on site. Places of worship must also assure that attendance does not exceed the number of people who can be accommodated while maintaining a physical distance of six feet between separate households.”
- In December, a Washington state judge ruled against the state’s fines on a private gym saying the state failed to provide evidence of risks due to Covid-19. This ruling may impact fines assessed on other gyms in the state.
- December 21, 2020: Gov Newsom, California, sued for “gross abuse of power” and violations of U.S. and state constitution.
- December 22, 2020: Oregon government sued over the ban on evictions of tenants, who some cases, have paid no rent for 9 months. As of November, the state’s unemployment rate is 6.0%, dramatically lower than the 14+% levels of the spring time. The state has not given a metric or goal to what level would permit evictions for non-payment; its as if they have nationalized private property.
- December 28, 2020: Federal Appeals Court rules against NY Governor Andrew Cuomo’s restrictions on churches. Basically told Cuomo to get lost.
(This list is periodically updated. Note that what is ruled against in one state may be permitted in another state – each state has its own Constitution and laws.)
- A pandemic does not suspend the rule of law
- In my state, the Governor can declare an emergency and legally act as dictator for an indefinite period of time.
- U.S. Attorney General notes that even in a public health emergency, Constitutional protections still exist.
In early December, the US Supreme Court ruled, within another ruling, that the U.S. Constitution is not suspended during a pandemic.
Unfortunately, numerous public health officials were unaware of this. That they were unaware is appalling.
Last spring I read a quote from a public health official saying that the Constitution could be waived during a public health emergency (and the Constitution was suspended); unfortunately I can no longer find that quote.
Public health quacks should not be practicing law without a license. Fair is fair, right?