TODO: Churches unite - Amicus Curiae and joinder applications sought - move your minister/ congregation - [ENJOY] [PEACE]
Zenaan Harkness
zen at freedbms.net
Fri Nov 13 15:27:24 PST 2020
The fight is for all - YOUR right to accociate, YOUR right to believe
whatever the flip you wish to believe, YOUR right to express your
beliefs, to communicate in public and in private.
You think "the left" is going to protect you, that -you- are such a
virtuous atheist that you will be exempt from their purge?
You think THIS time it's going to be different, and socialism is
finally, finally going to work without the bloodshed?
Consider forwarding this to those who might take action in support of
our foundational rights.
(If you are short on time, perhaps read the last 3 paragraphs.)
Justice Alito's Warning to America
Leah Barkoukis @LeahBarkoukis Posted: Nov 13, 2020 4:30 PM
https://townhall.com/tipsheet/leahbarkoukis/2020/11/13/justice-alito-federalist-society-address-n2580025
During a keynote address to the Federalist Society on Thursday,
Justice Samuel Alito spoke of the "unimaginable restrictions on
individual liberty" that have taken place during the coronavirus
pandemic.
He further warned that religious liberty is "in danger of becoming
a second-class right."
Alito pointed to cases where COVID-19 restrictions "blatantly
discriminated against houses of worship," such as in Nevada, where
the state "was unable to provide any justification for treating
casinos more favorably than other houses of worship."
What happened in Nevada proved to be part of a broader trend, he
argued.
The foremost example of this disfavor in the justice’s mind was
the court’s 1990 decision in Employment Division v. Smith,
https://casetext.com/case/employment-division-department-of-human-resources-of-oregon-v-smith
written by Justice Antonin Scalia, which “cut back sharply” on
free exercise by establishing that religious groups are usually
not entitled to faith-based exemptions from neutral, generally
applicable laws. Alito lauded Congress for passing, with near
unanimous support, the Religious Freedom Restoration Act of
1993 to push back against this very decision. The Supreme Court
is considering whether to overrule Smith this term in Fulton v.
City of Philadelphia.
http://scotusblog.com/case-files/cases/fulton-v-city-of-philadelphia-pennsylvania
And the afternoon of Alito’s speech, the
Catholic diocese in Brooklyn asked the court for emergency
relief from New York’s coronavirus regulations similar to that
previously sought by Calvary Chapel in Nevada.
https://www.scotusblog.com/2020/11/brooklyn-catholic-diocese-asks-justices-to-block-limits-on-attendance-at-church-services/
(SCOTUSblog)
https://www.scotusblog.com/2020/11/at-federalist-society-convention-alito-says-religious-liberty-gun-ownership-are-under-attack/
Questioning "whether our society will be inclusive enough to
tolerate those with unpopular religious beliefs," he highlighted
other recent examples such as "the protracted campaign against the
Little Sisters of the Poor," Masterpiece Cakeshop, and the Ralph’s
pharmacy case.
https://caselaw.findlaw.com/us-supreme-court/15-862.html
"You can easily see the point, for many today, religious liberty
is not a cherished freedom, it’s often just an excuse for bigotry
and it can’t be tolerated, even when there is no evidence that
anybody has been harmed. And the cases I just mentioned illustrate
the point," he said. "As far as I'm aware, not one employee of the
Little Sisters has come forward and demanded contraceptives under
the Little Sisters' plan. There was no risk that Ralph’s referral
practice would have deprived any woman of the drug she sought and
no reason to think that Jack Phillips' stand would deprive any
same-sex couple of a wedding cake. The couple that came to his
shop was given a free cake by another bakery, and celebrity chefs
have jumped to the couple’s defense."
The First Amendment was not all that was on Alito's mind, however.
“The ultimate second-class right in the minds of some is the
Second Amendment,” the justice said. Looking to a case last
term about firearm restrictions in New York City, Alito
singled out a brief by five Democratic senators that suggested
the court’s decision to take the case was evidence of its
capture by moneyed right-wing interests and threatened to
“restructure” the court.
https://www.supremecourt.gov/DocketPDF/18/18-280/112010/20190812151259076_18-280bsacSenatorSheldonWhitehouse.pdf
The justices voted to dismiss the
case rather than rule on the merits.
https://casetext.com/case/new-york-state-rifle-pistol-assn-inc-v-city-of-new-york
Although he was “not
suggesting that the court’s decision was influenced by the
senators’ threat,” Alito was “concerned that it might be
viewed that way” by the senators and others who want to
“bully” the justices. “The senators’ brief was extraordinary,”
Alito continued. “It was an affront to the Constitution and
the rule of law.” (SCOTUSblog)
https://www.scotusblog.com/2020/11/at-federalist-society-convention-alito-says-religious-liberty-gun-ownership-are-under-attack/
Reflecting on his 15 years on the court, Alito said much "good
work has been done to protect freedom of speech, religious
liberty, and the structure of government created by the
Constitution."
Ultimately, however, defending the Constitution is not in the
hands of the judiciary alone. "For all Americans, standing up for
our constitution and our freedom is work that lies ahead," he said
in conclusion.
And "it will not be easy work."
Address by Justice Samuel Alito [2020 NLC Live]
http://www.youtube.com/watch?v=tYLZL4GZVbA
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