I did some legal research on this subject over the weekend, specifically related to the 1st amendment and of course all of the amendments are equally important and under threat at this time.
To avoid boring everyone, I'll try to condense what I found in a nutshell.
1) The federal government has a much harder task than the states do when it comes to restricting rights and being upheld as "constitutional".
That itself is puzzling due to the 14th amendment application of "equality under the law" but there are a few SCOTUS precedents ruling that way nevertheless.
This is why even Trump has only issued guidelines and recommendations and not executive orders like the governors have done. I think he and the attorney general know better than to try.
2) In those precedents is a recurring doctrine of "strict scrutiny" that is applied. The courts say (including SCOTUS) that an absolute right CAN be restricted IF it is done in a non discriminatory manner AND the gov't can show a "compelling reason" for doing so - such as an imminent threat to public health or safety.
The average person might not see the connection here between the COVID-19 actions and the 2nd amendment, but
willowgirl, did and good for her, because she's right and I'll tell you why.
I looked into this because I was concerned by the time Passover arrived 2 weeks from now, the state or local governments might try to implement some kind of lockdown/travel restrictions that I was just gonna have to ignore. I don't back down from a serious threat like that and I haven't lost a fight like that yet either.
As I'm writing this there are a few cases around here and the county is considering a "stay at home order" according to our local news station.
Back to point #2 above - the "compelling reason".
That's where those precedents have been won and where this or any future fight will be won or lost. It's all about the numbers and don't let the fear hype convince you otherwise.
During a typical flu season 20,000 to 30,000 American die annually. 60,000 died 2 years ago when that Spanish flu strain of 1918 re-emerged.
We didn't shut down schools, restaurants, sporting events, airports and confine people to their homes. We just went on with our lives and tried to be careful and stay healthy.
So far we have about
600 deaths in the U.S. and I predict the total will be less than 10,000, probably between 5,000 and 6,000. Yet we see what's going on now. Freedom suspended in the name of public safety. What needs to happen is for someone to force these gov't entities to SHOW their "compelling reason" to justify what they are doing.
Don't forget what the debate the school shootings were about - the 2nd amendment right vs. public safety.
If a small threat, statistically based on numbers, can be used to restrict a constitutionally protected right and allowed to stand unchallenged, it won't take long for them to attempt to take another one.
A word to the wise is sufficient.
