by Steve Byas, The New American:
“Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale,” wrote Neil Gorsuch, associate justice of the U.S. Supreme Court, in a fiery condemnation of the contraction of civil liberties during the recent Covid-19 pandemic.
The issue before the Court was whether Title 42, an emergency measure to curtail immigration during the pandemic, could be continued now that the emergency has been officially declared over. “As I explained … I do not discount the States’ concerns about what is happening at the border, but the current border crisis is not a COVID crisis,” Gorsuch wrote.
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He explained, “The Court took a serious misstep when it effectively allowed nonparties to this case to manipulate our docket to prolong an emergency designed for one crisis in order to address an entirely different one.”
What Gorsuch is saying, in effect, is that it is not right to do wrong to do right. In his wisdom-filled Farewell Address, President George Washington made a similar argument in opposition to not following the Constitution in order to do right. “If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”
Gorsuch is certainly correct that the hysteria over the Covid-19 pandemic led to public officials ignoring both federal and state laws, and federal and state constitutions, all in the name of fighting the virus. It allowed supporters of the Democrats to ignore election laws (both statutory and constitutional) in several states, which greatly helped their nominee, Joe Biden.
Civil liberties of all sorts took a serious hit during the pandemic. Gorsuch wrote, “Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools public and private. They closed churches even as they allowed casinos and other favored businesses to carry on.”
Gorsuch added, “They threatened violators not just with civil penalties but with criminal sanctions too. They surveilled church parking lots, recorded license plates, and issued notices warning that attendance at even outdoor services satisfying all state social-distancing and hygiene requirements could amount to criminal conduct.”
While Gorsuch did not mention it, the mayor of New York City even threatened a Jewish synagogue that he would shut them down permanently if they did not follow his dictates to halt services until he said they could resume them.
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