Federal court backs California Gov. Gavin Newsom's orders keeping churches closed

A federal appeals court has backed California Gov. Gavin Newsom's stay-at-home order banning in-church services to blunt the spread of coronavirus, rejecting an argument from clerics that the governor is treading on their First Amendment right to free exercise of their religious beliefs.

The U.S. 9th Circuit Court of Appeals issued a split 2-1 ruling denying the request for a temporary restraining order against Newsom's in-church service ban filed this month by the South Bay United Pentecostal Church in Chula Vista, California.

The ruling was issued late on Friday, the same day President Donald Trump demanded governors nationwide allow churches, synagogues, mosques and other places of worship to reopen immediately.

"The governors need to do the right thing and allow these very important essential places of faith to open right now, for this weekend. If they don't do it, I will override the governors," Trump said as his administration released detailed guidance on how religious institutions can safely reopen amid the virus that has killed nearly 100,000 people and infected more than 1.6 million in the United States. "In America we need more prayer, not less."

It is unclear what legal authority the president has to overrule a governor and the White House could not cite a specific provision that would give Trump that power.

In its ruling in the California case, the federal appellate judges who sided with Newsom found the state's action of shuttering houses of worship due to a health emergency does not "infringe upon or restrict practices because of their religious motivation" and does not "in a selective manner impose burdens only on conduct motivated by religious belief."

''We're dealing here with a highly contagious and often fatal disease for which there presently is no known cure," Judges Jacqueline Nguyen and Barry Silverman wrote in their ruling denying the restraining order.

In reaching its decision, the judges noted that late U.S. Supreme Court Justice Robert Jackson once wrote that if a court "does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."

Newsom issued his stay-at-home orders on March 19, closing all nonessential businesses and barring large gatherings that health officials say could fuel the spread of the contagion.

On Wednesday, the second phase of Newsom's plan to restart the economy kicked in allowing the reopening of many of California's retail businesses, office buildings, restaurants and shopping centers.

Members of houses of worship are not allowed to congregate until the plan's third phase begins, which will also allow the reopening of hair salons, nail salons, barbershops, gyms, movie theaters and sporting events without live audiences.

Newsom has been vague on when phase 3 will begin, saying earlier this month that it "is not a year away. It's not 6 months away. It's not even three months away. It may not even be more than a month away."

On Friday, he announced that state officials are working with faith leaders and expect to release guidelines on Monday on how churches can reopen.

"We look forward to churches reopening in a safe manner," Newsom said.

Leaders of the South Bay United Pentecostal Church filed an emergency motion on Saturday asking the U.S. Supreme Court to overturn the 9th Circuit Court of Appeals ruling.

"Gov. Newsom would apparently rather litigate this case all the way to the U.S. Supreme Court than allow a single Californian to go to church," Charles LiMandri, a lawyer for the Freedom of Conscience Defense Fund who is representing the church and its bishop, Arthur Hodges III, said in a statement. "Under the governor's edicts, Bishop Hodges can bump shoulders with congregants at a shopping mall, but he can't minister to them in a safe and sanitary church sanctuary. That is blatant religious discrimination, and we hope the Supreme Court agrees."

The Supreme Court has yet to announce whether it will hear the case.

In a dissenting opinion, Judge Daniel Collins, who was appointed to the 9th Circuit by Trump in May 2019, wrote that Newsom's executive order "illogically assumes that the very same people who cannot be trusted to follow the rules at their place of worship can be trusted to do so at their workplace."

Collins added that the state cannot "assume the worst when people go to worship but assume the best when people go to work or go about the rest of their daily lives in permitted social settings."

https://www.yahoo.com/gma/federal-court-backs-california-gov-gavin-newsoms-orders-162800993–abc-news-topstories.html

U.S. court rules Florida cannot force felons to pay fees before voting

WASHINGTON (Reuters) - A U.S. judge ruled on Sunday that the state of Florida cannot force felons to pay legal fines and other fees before allowing them to register to vote.

The ruling, for now, clears the way for potentially hundreds of thousands of citizens to register to vote in the swing state for the November presidential election.

The ruling by U.S. District Judge Robert Hinkle found that a new state law amounts to an "unconstitutional pay-to-vote system" imposed on citizens who may not be able to pay fines, or even know if anything is owed.

"The state may disenfranchise felons and impose conditions on their reenfranchisement. But the conditions must pass constitutional scrutiny. Whatever might be said of a rationally constructed system, this one falls short in substantial respects," said Hinkle's ruling in the Northern District of Florida.

A group of Floridians and voting rights organizations sued Republican Governor Ron DeSantis last June, arguing that the law amounts to an illegal poll tax.

DeSantis will have the opportunity to appeal the ruling. His office did not immediately respond to a request for comment.

The Republican-led Florida Senate drew up the payments bill just months after Floridians approved a constitutional amendment restoring voting rights to felons who have completed their sentences. DeSantis signed the bill into law in June 2019.

At least 775,000 felons have unpaid legal costs, and African Americans are more likely to owe more, according to Daniel Smith, a University of Florida political scientist who testified in a report submitted to the court.

Conservatives argued the law was necessary to clarify what is required under the amendment, while critics of the measure said it effectively disenfranchised those potential voters again.

https://www.yahoo.com/news/u-court-rules-florida-cannot-232135755.html

Any and All excuses allowed for Dems. Period.

Charlamagne Tha God Reacts to Joe Biden’s ‘You Ain’t Black’ Apology

MSNBC’s Joy Reid opened her interview with Charlamagne Tha God on Sunday morning by congratulating him on his interview this past week with former Vice President Joe Biden—even if all anyone wants to talk about are the final few seconds.

Biden came under swift fire on Friday when he pushed back against the popular radio host’s suggestion that he might still have “questions” for the candidate before the 2020 election. “You’ve got more questions?” Biden asked. “Well, I tell you what, if you have a problem figuring out whether you’re for me or Trump, then you ain’t black.”

Shortly after that interview, Biden apologized for his remarks on a conference call with the Black Chamber of Commerce. Reid played Charlamagne a portion of his apology, in which Biden admonished himself for being “so cavalier” and said, “No one should have to vote for any party based on their race or religion or background.”

Asked if there’s a “risk” that Biden and the Democratic Party as a whole take the black vote for granted, Charlamagne said, “I know that's the attitude. That's why I don't ever care about the words and the lip service and the apology is cool, but the best apology is actually a black agenda.”

“They’ve got to make some real policy commitments to black people,” he continued. “We’ve got to stop acting like the fact that blacks are overrepresented in America when it comes to welfare, poverty, unemployment, homelessness, drug addiction, crime, coronavirus—that’s no accident. The whole function of systemic racism is to marginalize black people.”

On one side, Charlamagne said he sees “whites telling us to stay in our place” and on the other, “black people saying, ‘Oh, stop, now is not the time, you're going to get Trump re-elected.’” He said, “It has to come to the point where we stop putting the burden on black voters and start putting the burden on Democrats to show up for black voters.”

Charlamagne made clear both in his interview with Biden and on MSNBC Sunday morning that Biden picking a progressive black female running mate would go a long way towards demonstrating his commitment to that community. So Reid asked him what he will do if Biden picks someone like Amy Klobuchar instead.

“On top of possible Russian interference and voter suppression, they have to worry about voter depression,” he replied. “And that’s people staying home on election day because they aren't enthused by the candidate. You can’t act like this is the most important election ever but run a campaign from your basement and not make some real policy commitments to the black community and not listen to some of the demands that the black community are making. I think people are sitting around hoping that Trump loses instead of going out there and actually beating him.”

https://www.yahoo.com/news/charlamagne-tha-god-reacts-joe-162949019.html