Revisions to Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

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edited Apr 21, 2020 at 18:34

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In the geographic domain overseen by 5th Circuit Court of Appeals the answer is (likely) yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

In the 5th Circuit Court of Appeals the answer is yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

In the geographic domain overseen by 5th Circuit Court of Appeals the answer is (likely) yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

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edit approved Apr 21, 2020 at 12:26

Machavity

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In the 5th Circuit Court of Appeals the answer is yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

In the 5th Circuit the answer is yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

In the 5th Circuit Court of Appeals the answer is yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).

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edited Apr 20, 2020 at 13:35

David Reed

887
7
19

In the 5th Circuit the answer is yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly:

“[U]nder the pressure of great dangers,” constitutional rights may be reasonably restricted “as the safety of the general public may demand.” Id. at 29. That settled rule allows the state to restrict, for example, one’s right to peaceably assemble, to publicly worship, to travel, and even to leave one’s home"

"Jacobson instructs that all constitutional rights may be reasonably restricted to combat a public health emergency."

They also cited:

See Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944) (“The right to practice religion freely does not include liberty to expose the community . . . to communicable disease.”).