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A future spike in coronavirus infections is bound to lead to another wave of emergency orders that set restrictions on the way Americans live, work, and play. Individuals and groups opposed to state and local efforts which are designed to blunt the renewed spread of the pandemic will be ready with legal challenges. States, in defending the next round of orders, will be able to point to Supreme Court Chief Justice John Roberts.

Roberts appended a concurring opinion to the Supreme Court denial of an injunction in the case of South Bay United Pentecostal Church versus Gavin Newsom. It concerned a California emergency order that placed a temporary numerical restriction on public gatherings in order to prevent the spread of the coronavirus. State guidelines at the time had restricted large public gatherings of people in close proximity for extended periods of time, including music concerts, university lectures, movie screenings, spectator sports, theater performances, and places of worship.

In his opinion, Roberts explained that the First Amendment posed no bar to the emergency order because the state subjected similar secular and sectarian activities to identical restrictions, placing no particular burden on religious gatherings. Roberts recognized that governors are facing an unprecedented public health crisis, a situation poorly suited to second guesses by federal judges who lack the background, competence, and expertise to assess efforts to address the emergency situation.

This reasoning should prevail in most cases where individuals seek to use constitutional rights protections as a means to undermine the efficacy of emergency orders aimed at halting the spread of a disease for which, as Roberts noted, we have no known cure, vaccine, or effective treatment. His lesson for governors, for whom it is not too early to be thinking of a next potential wave of the pandemic, is to draft emergency restrictions that treat constitutional rights protections the same as others.

The current medical thinking is that the disease spreads most readily the more time people are indoors, close together, and with someone who is infected. It follows that states should seek to limit gatherings at places and situations where people are likely to be together for long periods of time, regardless of the nature of the event. The coronavirus, after all, will not discriminate between music concerts and church services.

If the government treats all places and situations in the same way, then individuals cannot claim the state discriminates against constitutional interests as a wedge to undermine emergency orders. If Massachusetts had the benefit of the opinion of Roberts in the case of South Bay United Pentecostal Church when the state defended its emergency order which treats gun shops the same as all similar nonessential businesses in federal district court, perhaps the court would not have concluded that the order had imposed an improper burden on the Second Amendment rights of citizens who were seeking to buy firearms and ammunition.

There is little doubt that treating gun shops as nonessential businesses served to promote the key public interest in the health of Massachusetts residents. When the court had finally held a hearing on the request for an injunction, thousands of Massachusetts residents were infected and the coronavirus had claimed more than 4,000 lives. To flatten the curve and slow the spread, the state had to reduce potential vectors where it could. Even conditions the court ultimately approved, such as masks and social distancing, could not eliminate gun shops as vectors in the same way as preventing contact, as with other nonessential businesses.

At the end of the day, the concurring opinion by the chief justice in the case of South Bay United Pentecostal Church suggests an important role for the federal judiciary in the midst of the pandemic that today seems to be imbued as it is with modesty and appropriate deference to state and local officials who must, under the constitutional system in this country, bear the responsibility for keeping citizens safe and healthy.

Lawrence Friedman is a professor at New England Law in Boston, where he teaches constitutional law. He is the author of Modern Constitutional Law.

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Justice Roberts assists states with second wave of emergency orders | TheHill - The Hill

Two newcomers will face off in the fall general election for a southside state legislator spot.

John Jacob and Angela Elliott won the Republican and Democrat primary races, respectively, for Indiana House District 93. Jacob faced incumbent Dollyne Sherman in a close race, winning narrowly with 51% of the total votes, which werent all tallied until Friday due to a delay in counting more than 100,000 mail-in ballots in Marion County. In Johnson County, he received 52% of the votes.

Jacob was moved to tears by the support he received during the election, he said, adding that he originally felt like an underdog in the race against Sherman.

"The support at the doors at the voting sites was just overwhelming," Jacob said. "I was so touched by some of the things people said to me."

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This loss for Sherman comes after spending just one term in office. She was elected to the District 93 post last year in a Republican caucus to replace David Frizzell, who retired after nearly three decades in office.

In the Democrat race, Elliott faced Andy Miller and Abdul-Aziz Yamobi, earning 66% of the total votes between Johnson and Marion counties, and 78% in Johnson County.

She and her team are grateful to have won the Democratic nomination, but know they still have work to do leading up to the fall, she said Wednesday.

"Well take a brief moment to celebrate, but were not going to stand still for long because theres a lot of work still to do to take on the next leg of this race," Elliott said.

Elliott will now face Jacob in the fall general election.

This was Jacobs first time running for a public office. Hes lived on the southside of Indianapolis his whole life, and previously worked as an auditor for the Indiana State Board of Accounts before starting a design firm with his wife a few years ago.

Jacob is also involved in Christian ministry with his wife, including marriage mentoring, street evangelism, ministering international students and completing mission trips. He had said his faith compelled him to run for office.

His platforms include ending abortion in Indiana and preventing government overreach, he said.

Im not wanting to regulate abortion, I want to end abortion completely, totally in Indiana, Jacob said. I think the government overreaches peoples religious freedoms are being violated. Our second amendment rights are being violated across the nation.

If elected in the fall, Jacob would also focus on cutting taxes and passing a constitutional carry law in Indiana, which would allow residents to own firearms without government restrictions.

Elliott has lived in Johnson County for 25 years and was the only Democrat candidate from the county running opposed in a primary. Elliott, an independent business consultant, previously worked in information technology at Eli Lilly for more than two decades.

She is one of the 25 Women for 2020, a statewide organization with a mission to get more women involved in the Indiana legislature.

"We need women who are competent and caring and ready to do the job to step up and run for these offices," Elliott said.

If elected to the Statehouse in the fall, Elliott would focus on the "Four Es" of her platform: education, employment, environment and equality for all.

She would work to raise teacher salaries and take a look at the bigger policies that have negatively impacted education in Indiana. She also wants to bring more jobs to Indiana and focus on combating environmental and contamination issues across the state.

State lawmakers author and vote on bills that come before the Indiana General Assembly, as well as approve the states bi-annual budget. District 93 includes much of Perry Township in Marion County, and a portion of White River Township in Johnson County.

Republican: Indiana House District 93

John Jacob;51%

Dollyne Sherman;49%

Democrat: Indiana House District 93

Angela Elliott;66%

Andy Miller;25%

Abdul-Aziz Yamobi;9%

Excerpt from:
Two newcomers win tickets to General Election in District 93 race - Daily Journal

More than 450 people assembled at Gough Park on Thursday evening for a Black Lives Matter demonstration in memory of George Floyd, the Minneapolis man killed in police custody last week. The event began with a prayer and speeches from the gazebo, after which the crowd moved to the west side of the park, lining up alongside Pope Street with signs, and kneeling and chanting.(Press Staff Photo byDean Thompson)

By The Daily Press Staff

Chants of I cant breathe! and Say their names! reverberated through a crowd of at least 400 gathered at Gough Park on Thursday evening, as protesters honored the life of George Floyd, the Minneapolis man killed in police custody last week.

The Silver City protest follows many other marches and protests nationwide in support of the Black Lives Matter movement. Floyds death at the hands of police reenergized many groups across the country, which, in the wake of the deaths of Floyd, Ahmaud Arbery and Breonna Taylor, has seen many communities rise up in protest of discrimination. Gov. Michelle Lujan Grisham said Thursday that more than 500 protests had taken place just in New Mexico.

The group began to assemble at the park around 6 p.m., when the organizers spoke briefly to the crowd and led a prayer for those who have fallen victim to police brutality. Organizers encouraged attendees to protest peacefully before the crowd made their way to line the sidewalk of Pope Street.

Las Cruces-based boxer Austin Trout was in the park Thursday for the protest, and lauded the rural turnout for social justice.

For a smaller town, this is a great turnout, Trout said. We really packed this park and by we, I mean you guys. We really packed this park, and I was proud to be a part of it. I am so happy that the community came out to show support for this national movement.

A small group of personnel from the Silver City Police Department and the Grant County Sheriffs Department kept a watchful eye over the event to ensure that all participants and onlookers remained safe. Sheriff Frank Gomez said that event organizers had asked him to attend in order to keep the peace.

I was happy to do it, Gomez said. I called up [Silver City Police] Chief Fred Portillo, and he had already heard about it. We both put together a group of guys to come out and make sure everyone stays safe.

Continuing to chant, hold up power fists, and wave homemade signs, the group garnered honks of support from passing vehicles.

After about an hour of protest along Pope Street, protesters moved to their vehicles to engage in a memorial drive. A rainbow of cars lined Pope Street and all the way down Bullard Street, with protesters holding signs out of windows and standing in truck beds. The cacophony of car horns and chanting echoed throughout downtown. By 9 p.m., most of the crowd had dispersed.

Despite posts to the contrary on social media throughout the day Thursday, the Gough Park protest looked to be almost entirely made up of participants from the area. An advertised counterprotest didnt materialize, but a few men in cowboy hats watched the demonstrators from a distance.

I was going to go ask the promoter of the protest if I could walk with them, a man who had a sidearm on his hip said. I support their First Amendment. I also support my Second Amendment. I fully support them and their cause, as long as they dont try to break windows or get violent. We may not fully agree with each other on everything, but I was willing to walk with them in support of their First Amendment.

Portillo said organizers plan to hold another protest in Gough Park today at 4 p.m.

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Peace breaks out at protest as hundreds line Pope Street - Silver City Daily Press and Independent

AUSTIN--U.S. House Speaker Nancy Pelosi on Friday urged Texans to help elect more Democrats to the House in order for the party to push through legislation that would protect equal justice, deal with the staggering losses due to the coronavirus and address inequities in health care, jobs and housing.

This election cycle presents an opportunity for Texas Democrats to continue strengthening our majority, Pelosi said while giving the keynote address at the Texas Democratic Partys virtual convention. House Democrats are targeting six seats in Texas, where Republicans are running for the exits. Republicans in Washington know how strong and formidable our members and candidates are.

Even before Pelosi addressed the convention Republicans were quick to blast her appearance, as well as speeches made by Sens. Elizabeth Warren of Massachusetts and Kamala Harris of California. On Saturday former Vice President and likely Democratic Party presidential nominee Joe Biden addresses the convention.

Elizabeth Warren, Kamala Harris and Nancy Pelosi spewing radical rhetoric is merely a warm up act for Joe Biden, whose socialist stances are out-of-step with Texas values, said Samantha Cotton, a spokesperson for President Donald Trumps reelection campaign. These coastal elites are so far removed from reality that they believe proposing outrageous policies, like eliminating fossil fuels and striping Second Amendment rights will actually win them votes. Democrats can continue to dream about turning Texas blue.

With the help of Texas, Democrats in 2018 took control of the U.S. House. Former NFL player Colin Allred of Dallas beat former Rules Committee chairman Pete Sessions in North Texas. And in the Harris County area lawyer Lizzie Fletcher ousted Republican incumbent John Culberson.

Democrats will have to defend those seats, while going after at least seven others, including the open contest in North Texas 24th District. In that race the winner of the July 14 runoff between retired Air Force Col Kim Olson and Carrollton-Farmers Branch Independent School District trustee Candace Valenzuela with face former Irving Mayor Beth Van Duyne in the November general election.

In District 32 Allred faces a challenge from business executive Genevieve Collins.

Pelosi touted several Democratic Party candidates and urged grassroots workers to campaign hard.

Together we can deliver a better future with affordable health care for all Americans with job security for every hard working family, with a strong democracy that works for the people, she said. Together we will expand our house majority, we will take back the United States Senate and we will elect Joe Biden president of the United States.

Pelosi also discussed the nations need to heal. She referenced the killing of a black man by a white police officer who placed his knee on the unarmed mans neck for over eight minutes.

Across America peaceful protesters are grieving for the murder of George Floyd, and all the innocent Americans killed in a pattern of racial injustice and police brutality, she said. As we pray for the family of George Floyd, we pray for healing in our nation and healing must begin with real leadership backed up by real action.

Continued here:
Nancy Pelosi urges Texas Democrats to help expand party's majority in the US House - The Dallas Morning News

An effigy of Gov. Andy Beshear was hanged from a tree outside the Kentucky state Capitol during a Memorial Day weekend protest. Louisville Courier Journal

What started out as a freedom-loving celebration of the Second Amendment ahead of Memorial Day turned into Gov. Andy Beshear being hanged in effigyand protesters chanting outside the governors mansion.

The Second Amendment rally, meant to inspire people about what it really means to be FREE, according to Take Back Kentucky, attracted at least 100 people on Sunday. They gathered from 1-4 p.m. at the Kentucky State Capitol in Frankfort.

It beganas a celebration ofconstitutional rightsbut turned into a protest of coronavirus restrictions and Beshears administration. Folks toted their guns and waved American and Dont tread on me flags. Taps honored the fallen,and free flags were given to veterans from all military branches.

Ed Bruce, who carried a replica colonial-era gun with a tag that read 1st Assault Rifle, said he came out to make a point: government shouldnt control what types of guns he or other law-abiding citizens carry, he said.

Previosly: 'Freedom Rally' protesting Beshear, coronavirus shutdown draws 100+ to the Capitol Saturday

Bruce, who said he doesnt vote strictly along party lines, said, The way theyve been trampling my rights here lately leaves a bad taste in my mouth. Specifically, he said, local government has used the pandemic to restrict otherwise free movement.

Tony Wheatley of Constitutional Kentucky, invoking Benjamin Franklin, said, We have a republic, if we can keep it. Calling on the crowd to recognize their ownership of the Constitution, he called legal hurdles making it harder to protestcorruption.

Pastor Cliff Christman said that law isnt relative, and to understand the countrys laws, one should understand Biblical law.

This has been one of the biggest shams in world history, Christman said. Grown men have been hiding in (their) homes nearly wetting their pants over this invisible enemy that nobody sees. Where is it at? Let it come out and face us. I serve the one true and living God who conquers all enemies. Why should we give our freedom and our liberties up for such fear (and) propaganda and all the garbage that is coming out of Frankfort today?

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A Louisville evangelist, Pharoah Nuahzee, said the coronavirus pandemic had brought out enemies of God. TJ Roberts, a Maryville Baptist Church-goer who suedBeshear over a ban on mass gatherings, called for dangerous liberty over peacefulslavery.

Wesley Morgan, whos running against Mitch McConnell for the U.S. Senate, took the opportunity to boost his campaign and promise to be kinder to the Second Amendment than the Senate majority leader. Rhoanda Palazzo, a Republican running to unseat Louisville Rep. John Yarmuth, also promised to uphold the Constitution if elected.

As the rally wound down, organizers led the remaining crowd to the governors mansion to attempt to hand deliver a request for Beshear to resign. Groups carried signs reading Abort Beshear from office and My rights dont end where your fear begins to Beshears home and chanted, Come out Andy and Resign Andy.

No one came to the door. A few Kentucky State Troopers got out of their cars to observe but did not attempt to stop the crowd. Its not clear if Beshear was at home at the time.

The crowd returned to the capitol, at which time an effigy of Beshear was hanged from a tree outside the Capitol while God Bless the U.S.A. played over the loud speaker.

Live COVID-19 updates: Two new deaths, 17 coronavirus cases recorded Sunday in Louisville

Coronavirus map: How many coronavirus cases are in Kentucky? Where are they?

A man with a Three Percenter band around his arm helped hang the effigy, though Kentucky 3Percenters Inc. State Secretary Patsy Kays Bush said she was against it and didnt want it to hurt the groups image.Wheatley, too, said he did not support the effigy.

However, Bush said, were at the point where rallies and shouting and hollering is just not working anymore. She did support marching to the mansion, though, she said.

That man (Beshear) has overstepped his bounds in more ways than one, she said. Somebody needs to get ahold of him. And were just done.

She said part of the problem is Beshears approach to executive orders and recommendations like mask wearing. She said she feels like he gives orders instead of advice, and by nature of being in the mansion and at the Capitol, is too disconnected from how badly others are suffering from his rules.

The effigy bore a sign that read, sic semper tyrannis, which means thus always to tyrants.

After hanging for a short time while peoplesnapped photos, it was cut to the ground.

The effigy was swiftly condemned by leaders on both sides of the aisle.

Kentucky Secretary of State Michael Adams, a Republican, called the effigy "disgusting" on social media.

"I condemn it wholeheartedly," he tweeted. "The words of John Wilkes Booth have no place in the Party of Lincoln."

Second Amendment supporters ended a Memorial Day weekend rally with a march from the state Capitol to the Kentucky governor's mansion. Louisville Courier Journal

Kentucky House Democratic Leader Joni Jenkins, House Democratic Caucus Chair Derrick Graham and House Democratic Whip Angie Hatton also issued a joint statement condemning the effigy.

Hanging Governor Beshear in effigy is beyond reprehensible, and yet it is also the logical conclusion of the hateful rhetoric we saw touted on the Capitol grounds earlier this month that was implicitly condoned by elected representatives from the legislatures majority party,"the statement read. "Doing this in front of our Capitol, just a short walk from where the Governor, First Lady, and their two young children live, is an act that reeks of hate and intimidation and does nothing but undermine our leading work to battle this deadly disease and restore our economy safely.We call on all elected officials to condemn these actions and pledge to work to eliminate dangerous hateful speech.

Crystal Staley, a spokeswoman for Beshear, said in a statement, The act that was displayed on Capitol grounds today, near where the Governor and his young children live, was wrong and offensive. This type of behavior must be condemned. As Kentuckians we should be able to voice our opinions without turning to hate and threats of violence. Put simply we are and should be better than this."

Reach breaking news reporter Sarah Ladd at sladd@courier-journal.com. Follow her on Twitter at@ladd_sarah.Support strong local journalism by subscribing today: courier-journal.com/subscribe.

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Beshear hanged in effigy as Second Amendment supporters rally at Capitol before Memorial Day - Courier Journal