EDITORIAL:
The emphasis of this website for almost 25 years has been — and continues to be — law related to healthcare and medicine. While the Covid-19/Wuhan virus pandemic has been a medical crisis, it is rapidly developing into a legal crisis of Constitutional proportions. As the lethal nature of the disease has proven much less than originally reported, the legal grounds for the continued mandatory shut-down of society diminishes — but some state and local officials cling to the delusion that the virus conferred upon them the authority to over-ride the US and State Constitutions.
The American people cooperated with the Federal Government’s recommendations (NOT orders) to reduce the impact of this virus during a national state of emergency and made some contribution to the “bending of the curve” — although the WHO now credits Switzerland’s decision NOT to lockdown with comparable performance.
State governments and local governmental units then proceeded to implement their own mandatory standards. At this time, the Federal government has allowed its’ social distancing standards to expire in light of the diminishing lethality rates that have fallen below prior epidemics where no shutdowns were recommended. In the meantime, mandatory shutdowns have forced more than 30 million American citizens onto unemployment rolls in the past 6 weeks, including healthcare workers (unprotected by the Cares Act because they are “essential workers”) furloughed from hospitals with empty beds and empty bank accounts due to the shutdown.
When citizens and voters have sought an end to these shutdowns, some US states, including my home state of Illinois, have responded with mini-Gestapo tactics to deny freedom of speech, freedom of assembly, and freedom to petition their governments for the redress of grievances. Peaceful demonstrations have been met with riot police and arrests in other states. Shop owners and ministers have been arrested and citizens have been denied the right to go out into their own yards even without being afflicted with the virus. The Department of Justice stepped in when religious rights were threatened and is again warning states about their repression of First Amendment Rights.
The Chinese Communist source of this epidemic does not bestow Chinese Communist powers on political officials in Illinois, New York, California, or any other state. The lawsuits have started and many more will likely occur to hold individual officials and governmental units liable for overstepping the bounds of Constitutional authority. I would not be surprised to see “reverse condemnation” suits by business owners to recover for the losses or even bankruptcies caused orders to close down, as the Constitution prohibits the taking of property without just compensation.
The 14th Amendment extends the US Constitution to all of the States and their political subdivisions.
From the Department of Justice’s website the following article warns that state and local authorities can be more than sued … they can be convicted of criminal civil rights violations :
Deprivation Of Rights Under Color Of Law
Summary:
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- Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prison guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
And from the US Constitution:
FIRST AMENDMENT
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Stephen A. Frew, JD, CIPP/US
Publisher