California has now been in a state of emergency for seven months, with no end in sight. During this time, the basic religious, political, and economic freedoms guaranteed by the United States Constitution have been effectively abrogated for nearly 40 million people. In the name of stopping the spread of COVID-19, state and local officials have closed churches and businesses; banned political events; and even prohibited individuals from hosting small gatherings in their homes. In normal times, federal courts would not hesitate to strike down such blatantly unconstitutional restrictions on civil liberties. Until recently, however, courts have largely suspended judicial review of pandemic-related executive actions. This judicial passivity in the face of executive overreach is reminiscent of the Supreme Court’s disastrous decision in Korematsu, in which the Supreme Court erroneously sustained a gross violation of civil rights because it was unwilling to look behind the government’s claims.
Save Lives, Save Jobs, Save Small Businesses by safely reopening in line with established international public health principles that emphasize protecting the vulnerable in the least restrictive way, and avoiding unethical population restrictions that create severe collateral damage and cost lives. To achieve this, we have filed a community-backed federal lawsuit – Tandon et al vs Newsom.
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