By the time a judge gets around to ruling on this (and similar) lawsuits, the case may be moot. Most state governors are operating under very broad emergency authority under their respective state laws to limit/suspend individual rights to protect public health and safety. Where they cross the line is when they cannot establish some reasoned basis for their decision-making or where it appears to be totally arbitrary with evidence of animus towards constitutionally protected rights. For example, a Virginia judge found the governor went too far by allowing outdoor gun ranges to stay open but closing an indoor gun range.. Conversely, several other federal and state judges have upheld limits on indoor religious services where there was provision for outdoor services with proper spacing. I would think De Blasoio’s selective enforcement is a bigger concern than closure rules that are applied uniformly across similarly situated religious/commercial activities.
Menu