By Duncan Smith
It’s a good thing that President Donald Trump very likely will get another term because he’ll need it to fill more expected Supreme Court vacancies and counter the evolving Leftism of Chief Justice John Roberts.
Nominated to be the top SCOTUS justice by President George W. Bush, Roberts has been somewhat of a disappointment to conservatives who believe the only way to restore the originalist intent of the founders is by packing the Judicial Branch with constitutionalists.
From his outrageous decision in changing the Obamacare law to make it a ‘tax’ that was thus permissible by Congress to his leanings against a Lousiana abortion law, Roberts is increasingly siding with the high court’s ‘liberals’ who are responsible for the destruction of constitutional originalism.
He did so again on Friday when he joined the Leftists in rejecting a request from a California church to allow for a full reopening on Sunday in arguing that Gov. Gavin Newsom’s coronavirus restrictions of 25-percent-only capacity are an unconstitutional infringement on the First Amendment.
Breitbart News reported:
Chief Justice John Roberts sided with the four liberal justices to side with California's legal argument that they had the right to shut down or limit religious services.
The decision came as thousands of protesters around the country gathered to protest the death of George Floyd, after a police officer in Minneapolis subdued him by kneeling on his neck for several minutes.
Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch, and Brett M. Kavanaugh voted against.
In his dissent, Kavanaugh argued that 'comparable secular businesses' such as supermarkets, stores, hair salons, and marijuana dispensaries were not subject to the same restrictions as churches.
'The church and its congregants simply want to be treated equally to comparable secular businesses,' Kavanaugh wrote. 'California already trusts its residents and any number of businesses to adhere to proper social distancing and hygiene practices.'
The South Bay United Pentecostal Church in Chula Vista argued that restricting worshippers violated the First Amendment’s freedom of religion clause. Roberts and the high court’s four anti-constitutionalists disagreed, with the chief justice writing that the restrictions 'appear consistent' with the Constitution.
How so? The Justice Department’s argument in a letter earlier this month to Newsom makes much more sense, constitutionally.
“California has not shown why interactions in offices and studios of the entertainment industry, and in-person operations to facilitate nonessential e-commerce, are included on the list as being allowed with social distancing where telework is not practical, while gatherings with social distancing for purposes of religious worship are forbidden,' said a letter sent by Assistant Attorney General Eric Drieband to the governor.
'Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights,' Drieband wrote.
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