Supreme Court’s Division on Lockdowns Causes Concern | Beaufort County Now | Scott Street writes for the Federalist about potential implications of a recent U.S. Supreme Court decision. | john locke foundation, supreme court, division, lockdowns, concerns, february 9, 2021

Coronavirus Disease 2019 (COVID-19)

Supreme Court’s Division on Lockdowns Causes Concern

Publisher's Note: This post appears here courtesy of the John Locke Foundation. The author of this post is Mitch Kokai.

    Scott Street writes for the Federalist about potential implications of a recent U.S. Supreme Court decision.

  • Like numerous judges across the country for the past year, some justices on the U.S. Supreme Court appear unable to put aside their political views and question the legality of lockdown orders. That's apparent in last week's late-night decision in the ongoing battle between California's churches and California Gov. Gavin Newsom. The order arose after Newsom ignored the Supreme Court's prior decision that found bans on indoor worshipping to violate the First Amendment.
  • Just one week after the Supreme Court issued that decision, Newsom's government issued a regional "stay at home" order that again banned all indoor church services during a sacred holiday season, but let grocery stores and large retailers like Costco and Best Buy stay open inside at 25 percent capacity. The order showed a shocking disregard for the law, particularly during the Holy Season and especially for a governor that has demanded complete fealty to his orders.
  • California must have known that it would be hauled back before the Supreme Court, and the court made it pay. Justice Neil Gorsuch's plurality opinion hammered that point, saying: "Recently, this Court made it abundantly clear that edicts like California's fail strict scrutiny and violate the Constitution ... Today's order should have been needless; the lower courts in these cases should have followed the extensive guidance this Court already gave."
  • Of course, one may expect such defiance from California politicians, whose state voted nearly two to one for Joe Biden over Donald Trump, but it is much scarier to see it come from three Supreme Court justices — Elena Kagan, Sonia Sotomayor, and Stephen Breyer — who discarded all respect for stare decisis and essentially accused their colleagues of killing people. ...
  • ... Sadly, Kagan's dissent reflects a larger failure by the legal community during the COVID-19 pandemic: a failure to exercise any independent judgment or critical thought in the face of the greatest assault on civil liberties in modern American history.


Latest Op-Ed & Politics

Public school systems in the Tar Heel State are experiencing the highest declines in student enrollment in decades.
Republican leaders in the N.C. General Assembly say they will consider overriding the governor’s veto of Senate Bill 37, the school reopening bill, as soon as Monday, March 1.
No significant difference in severity of pandemic between states that locked down and those that did not.
A group of Wake County parents has written Gov. Roy Cooper asking him to reopen schools for in-person instruction.


Approximately 18,000 Students to Participate in Career Awareness Programs Across North Carolina
James Antle of the Washington Examiner documents one noticeable impact of Donald Trump’s White House term.
Gov. Roy Cooper has vetoed bipartisan legislation to reopen N.C. public schools statewide.
Tobias Hoonhout writes for National Review Online about the 45th president’s upcoming appearance ot a major conservative event.
The Food and Drug Administration (FDA) on Wednesday released its analysis of Johnson & Johnson’s one-shot dose COVID-19 vaccine, supporting its authorization for emergency use.
It's the new command focus from Team Biden
Mental health experts who are also parents with students in Wake County Public Schools are sounding an alarm over a rising mental health crisis due to a lack of full-time classroom instruction.


The General Assembly is again considering a mild expansion of gun rights in this legislative session, a year after Gov. Roy Cooper vetoed a similar Second Amendment bill.
We will offer this allotment of three with more to come; some old, most new, but all quite informative, and, moreover, necessary to understanding that in North Carolina, there is a wiser path to govern ourselves and our People.
Today, Governor Roy Cooper announced two new judicial appointments, one to the North Carolina Superior Court and one to the North Carolina District Court.
Samuel Gregg writes for National Review Online about a philosophical divide that animates the fight over a proposal from U.S. Sen. Mitt Romney.
Today, Governor Roy Cooper vetoed the following bill: Senate Bill 37
Andrew McCarthy of National Review Online dissects misleading statements from the Biden administration’s nominee for U.S. attorney general.
Gov. Roy Cooper has signed into law House Bill 4, extending the delay on payment deadlines for the renewal of certain alcohol permits.


Back to Top