The Ninth Circuit Court Of Tyrants On Religious Rights

BY Herschel Smith
1 month, 2 weeks ago


The battle over the impact of coronavirus lockdown measures on Americans’ religious observances has reached the Supreme Court as a Southern California church and its pastor made an emergency appeal for relief from executive orders issued by Gov. Gavin Newsom.

Lawyers for the South Bay United Pentecostal Church and Bishop Arthur Hodges asked the justices to step in Sunday after a federal appeals court panel rejected a similar emergency application Friday.

The decision from the 9th Circuit Court of Appeals came on the same day President Donald Trump publicly backed churches seeking to escape various stay-at-home orders in place across the country. Trump said he was ordering governors to exempt churches “right now” by declaring religious services to be essential, although he lacks any evident legal authority to impose his view on state officials.

Still, Trump’s pointed rhetoric added new fire to the simmering legal battles, including pledges by thousands of churches to defy local public-health restrictions by holding services on Pentecost, which falls next Sunday.

In the California-focused case that reached the high court Sunday night, a 9th Circuit panel split, 2-1, with the majority declining to disturb the state government’s action in light of the health dangers posed by the ongoing pandemic.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure,’” Judges Barry Silverman and Jacqueline Nguyen wrote. “In the words of Justice Robert Jackson, if a ‘court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.’”

Silverman, a Clinton appointee, and Nguyen, an Obama appointee, were dismissive of the church’s arguments in the Friday order, devoting only two paragraphs to the substance of the dispute.

However, the third judge on the panel — Trump appointee Daniel Collins — weighed in with an 18-page dissent arguing that Newsom’s orders are impermissibly intruding on religious freedom protected by the First Amendment.

“I do not doubt the importance of the public health objectives that the State puts forth, but the State can accomplish those objectives without resorting to its current inflexible and over-broad ban on religious services,” Collins wrote.

Collins noted that the orders allow many workplaces to open, but ban religious gatherings even when they could meet the social distancing standards imposed on other activities that are now permitted.

“By explicitly and categorically assigning all in-person ‘religious services’ to a future Phase 3 — without any express regard to the number of attendees, the size of the space, or the safety protocols followed in such services8 — the State’s Reopening Plan undeniably ‘discriminate[s] on its face’ against ‘religious conduct,’” the judge said.

The legal dispute may turn on how much weight the justices choose to give to a 115-year-old Supreme Court precedentJacobson v. Massachusetts, which upheld a mandatory vaccination scheme for smallpox.

Who wants to lay bets with me?  I say the Supreme Court punts and refuses even to hear the case, leaving it to the cowards in the Ninth Circuit who didn’t even have the courage to hear the case En banc.


  1. On May 26, 2020 at 8:10 am, Fred said:

    There is a lot here. First; Since the ground was cursed (Gen 3:17) due to the Sin of Adam death entered into the world (Romans 5:12); “And as it is appointed unto men once to die, but after this the judgment:” all men are appointed once to die. There is no possible way to be kept safe from the day of your appointment. None. “Whereas ye know not what shall be on the morrow. For what is your life? It is even a vapour, that appeareth for a little time, and then vanisheth away.” James 4:14

    Two people, one of which likely has dual citizenship, the other of which should have no public function role in governance (the 19th amendment needs be done away with.) have declared a state of perpetual prison until no man dies again. They usurp the throne of the thrice holy resurrected Christ of God and presume to forbade Adam his sin and all of the attendant consequences.

    But, having pointed these things out; we must ask, rightly, what is the church? The best thing that could happen is that these corporations toss their mortgage company the keys, bankrupt the BUSINESS and then; with prayer and fasting come to repentance from having 3 masters (incorporation under the irs, debt to a bankster, and holy God) open up Matthew 28, get down on their knees, and read those last several verses from the Ancient of Days. And then, go make disciples of all Nations (ethos), which being rightly understood is much more than simply seeing individuals to be converted by the Gospel of Jesus Christ. The command is to be literally taken that we, true followers of the way, take over every aspect of society including recreation, corporate, government, taking by the will of Holy God, it is His command, Peoples, Nations, Countries, Kingdoms making them all, every last one, disciples of Jesus Christ the the sole purpose would be that every peoples be MADE free by God. This is the greatness of the great commission. The Great commission is not a pretty good commission to see individual souls saved, although it is, no, it is truly great. Read “make disciples of all nations” in the greek. The American Church is failed.

    Jesus Christ, having been resurrected; defeating sin and death and hell told 500 men to conquer the world. That’s the mission of Christ. You might say that I’m not properly a Christian Reconstructionist, but a Christian Constructionist, as this work is ongoing. We had come quite far from those early days 2000 years ago, having more or less conquered two continents, three if you count Australia, and dozens of other countries on every continent. But the Churches took new Masters, and have forsaken the work, will, and way of the only true Master.

    This is why your country is dying. So I ask, as I often do; was a Christian America, a Christian West really that bad? Or, was it the primary mission of the converted to see all the world be free in Christ Jesus?

  2. On May 26, 2020 at 8:21 am, Ned2 said:

    Any lock down order is unenforceable. I wish people saw this. In order for someone to have broken the law, they need to actually have a law on the books to break. No laws have been made making it a crime to go outside, keep your business open or go to work. There has merely been the suggestion.
    States governors are going to be dealing with the lawsuits for years.

  3. On May 26, 2020 at 9:16 am, Blake said:

    I went to church this last Sunday.

    We had a decent crowd.

    Next Sunday is communion, which should be a pretty big event.

    Did I mention we’re in CA?

    Our church was one of a number in CA that told Governor GoodHair Nuisance that regardless of what edicts he might hand down, we’re opening back up.

    I never thought I’d see the day I would be risking a fine and possibly jail for being a Christian.

    Yes, the warning is in Scripture, but, hey, this is the US, right?

    I still marvel at how prescient Scripture is.

  4. On May 26, 2020 at 9:21 am, scott s. said:

    In Hawaii the gov, through proclamation, ordered anyone entering the state to quarantine for 14 days. They have been arresting some tourists, mainly via busy-body Karens out there who comb through social media looking for any posts of people outdoors in Hawaii and then doxing them. I haven’t given any study, but it appears the law which provides for emergency declarations allows the suspension of various laws, but I don’t know that it allows creation of new criminal laws. When these people get arrested, the paper is kind of vague about the actual charges, except they cite “false unsworn statement”, apparently in reference to the agricultural form you have to complete when entering the state which has been amended to include warnings about the quarantine. I suspect most (all) of these charges will be dropped quietly, after having the intended effect of chilling visitors. In every case reported in the papers, the visitor made $2000 bail and was allowed to leave the state.

  5. On May 26, 2020 at 11:28 am, Fred said:

    Why would the State want to bankrupt the tourist industry? Forcing bankruptcy in order that the connected buy properties and other assets for pennies on the dollar isn’t anything new at all, in fact, it’s the theme of many a Western Show/Movie which simply used this type of thing to portray villains. The practice is, I’m certain, thousands of years old. It’s theft, plain and simple.

    The article cited has several falsehoods in it. Exhausting as this is to have to continue to point this out; the Fed Gov was created under two major functions: to secure the blessings of liberty to us and our posterity, and to secure territory for same. Under Fed Criminal Code, the President can indeed (I argue against fed police but here we are) have the Justice Dept issue warrants of arrest for civil rights violation of the 1st amendment. So, YES, Trump does authority to force the reopen of religious gatherings.

    Back to the root of the problem. And no, this is NOT off topic. Sadly the American Church has no answer to anything about the times in which we live, and that’s why the young, already converted and believing, don’t go. They see the Churches, rightly in the great majority of cases, as nothing but extensions of what they see everywhere else. Or full of ritual that has little to do what their heart tells them is the mission of Christ. Converted and lost in a sea time wasters, because nobody will show them the way of the Master. I know, I talk to them every day. Churches offer no starkly bold line from which to make obvious conclusions about the Holy Commands of our God. The stats are awful and it reflects in the congregants. Abortion rates, little helper pills, seeking “counseling” from witch doctor psychiatrists, and the congregants like dutiful little brainwashed idiots parrot fox news talking points when asked about current events. Or worse, they say it’s all going to wax worse and worse and there’s nothing we can do about, when OBVIOUSLY our King Christ Jesus told us to conquer the world before His return, the which no man knows the date.

    CEDING GROUND through submission to a fate (yes, f. a. t. e.) religion by surrendering of primary mission of Christ, thereby giving in to the workers of iniquity is a grave wickedness, and every preacher, pastor, leader, and believer will be held to account for this moronic submission to the works of the devil.

    Why would believers continue in this wickedness. It’s a fatalistic giving up, and indeed, if you give up, evil will become more pervasive.

    We are not to be snatching brands from the fire when we make believers, we are supposed to be making a new soldier to conquer Christ’s Domain, all power and authority having been given to Jesus Christ on earth for the discipleship of all Nations.

    Gentry: “As the numbers of converts increase, this providentially leads to the subsuming under the authority of Christ whole institutions, cultures, societies, and governments.”

    Matthew Henry: “Christianity should be twisted in with national constitutions…the kingdoms of the world should become Christ’s kingdoms, and their kings the church’s nursing fathers…do your utmost to make the nations Christian nations…Christ the mediator is setting up a kingdom in the world, bring the nations to be His subjects.”

    both hand typed any error is mine.

    I cannot tell you how sick and tired I am of the negative world view of believers. It’s stupid to give up to the devil as we are to resist that lying liar which is a fraud of God.

    Kingdom come on earth as in heaven!
    The government will be on his shoulders!
    witnesses to all nations!
    disciple all nations!
    Saviour of the world!
    All men should come to repentance!
    work out your salvation (not work for, that’s retarding) but work it out into every aspect of all that we do.
    prove what is the perfect will of God!
    expose the works of darkness!
    Lord of all!
    Every knee will bow!

    These verses, paraphrased here, should mean something. They are the word of God, not a self help pep talk. On and on the New Testament proclaims the power of Christ Jesus and the work of His people.

    But why does somebody with a sixth grade education have explain all of this anyway. Christians are a bunch of losers and that’s why the muz see their religion as stronger, (I know, I talk to them often.) and it probably is, but that’s nobodies fault but ours. How can I look a muz right in the eye and proclaim that my God is stronger when Christians don’t even believe that He’s stronger than the supposed immanent arrival of the age of evil under the rule of the devil?

    I was only sort-of delivered from the power darkness, except the devil controls everything? What a stupid, lazy, backwards religion.

    I ran into three witnesses for Jesus Christ yesterday. Thank you God for showing me that I’m not alone out there.

    A terrible thing I see everyday is that believers have to be asked 2, 3, 4 times how it is that know they have eternal life in heaven. I have to drag it out them. Look, be ready at all times to proclaim the basis for the foundation of your hope.

    Jesus Christ died on the cross to save my soul. See, how easy that is?

    Be ready at all times to proclaim His name. And set aside specific time(s) every week to testify of Him to the lost, and go and make disciples. Duh!

    “Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven.”

    “But sanctify the Lord God in your hearts: and be ready always to give an answer to every man that asketh you a reason of the hope that is in you with meekness and fear:”

    Anyways, I’m done.

    ALL MIGHT you losers!

    “That ye might walk worthy of the Lord unto all pleasing, being fruitful in every good work, and increasing in the knowledge of God; Strengthened with all might, according to his glorious power, unto all patience and longsuffering with joyfulness; Giving thanks unto the Father, which hath made us meet to be partakers of the inheritance of the saints in light: Who hath delivered us from the power of darkness, and hath translated us into the kingdom of his dear Son: In whom we have redemption through his blood, even the forgiveness of sins:”

    This is the Gospel of Jesus Christ: He was born of a virgin. Lived a sinless life. Died on the cross, was buried, rose from the dead defeating sin and death and hell for you that if you believe, you too can overcome the world and the grave being given eternal life in Christ Jesus. Ok? It’s simple!

    The work of God is to first believe in Him which sent His son to die for you. (John 6:28-29) Then, and only then, are your works for Him righteous in the building of His Kingdom, the Kingdom of God.

    This is not a formula. The Holy Spirit of God saves souls by faith in Christ Jesus. An example of some verses to share as you talk with the lost Sinner:
    1. The lost Sinner must know that He is a lost Sinner:
    Romans 3:10-12, 23
    2. The lost Sinner must know that the price on their sin is judgement/wrath/death/Hell:
    Romans 6:23
    Revelation 20:14
    3. The lost Sinner must know that salvation is not of works (Not religion/not church/not baptism/not being a good person/etc.):
    Ephesians 2:8-9 (Note: Gift Approach)
    4. The lost Sinner must know that Jesus already paid the Sinner’s debt / Jesus can save them:
    Romans 5:8
    5. The Sinner must receive Christ by Faith:
    Romans 10:9-10, 13

    I ran into three witnesses for Jesus Christ yesterday. Thank you God for showing me that I’m not alone out there.

  6. On May 26, 2020 at 3:05 pm, Drew said:

    We never closed, we still used the common cup, nothing changed but maybe sitting a bit farther apart!
    Drew in Michigan

  7. On May 26, 2020 at 3:12 pm, Herschel Smith said:


    But mommy Gretchen would be mad if she found out and would have spanked her little disobedient children!

  8. On May 26, 2020 at 7:18 pm, Sanders said:

    I had a comment to make, but Fred pretty much covered everything I wanted to say, much more eloquently.

    What happened to the firebrand preachers who inspired the American Revolution? Oh yeah, they are afraid of losing their 501C3 tax exempt status…

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This article is filed under the category(s) Politics,Supreme Court and was published May 25th, 2020 by Herschel Smith.

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