Court rules CA governor's 2020 COVID order is unconstitutional

Gavin Newsom claims that science and data guided him in deciding his coronavirus order, like science has guided him into his take on gender in that it's fluid and also how he believes that abortion is acceptable, perhaps thinking the baby isn't a real baby until you see its head. His take on abortion comes in spite of his claim of being a devout Catholic. By the way, Catholics and Christians in general are not the only religions that are pro-life; Judaism, Islam and other religions take the same stance

A federal appeals court ruled the California governor went too far grabbing power when he forced private schools, [as in not under his jurisdiction] to remain closed as part of his a là carte lockdown to deal with the COVID-19 pandemic.

“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw — the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins of the 9th U.S. Circuit Court of Appeals wrote for the majority in the ruling on Friday.

The left does not want parents to control their kids' education because they might not go along with left wing ideas, such as critical race theory that has deep roots in Marxism. 

“[T]he private-school Plaintiffs have established that the State’s prohibition on in-person instruction deprives them of a core right that is constitutionally protected,” the court said.

The ruling also noted that this is not the first time California has been authoritarian and heavy-handed in its lockdown orders.

“As with its rigidly over-broad approach to religious services, California once again failed to ‘explain why it cannot address its legitimate concerns with rules short of a total ban,'” the court said.

“Because California’s ban on in-person schooling abridges a fundamental liberty of these five Plaintiffs that is protected by the Due Process Clause, that prohibition can be upheld only if it withstands strict scrutiny. Given the State closure order’s lack of narrow tailoring, we cannot say that, as a matter of law, it survives such scrutiny,” it said.

The appeals court, however, admitted that it could not offer the same support [as in educational protection] for parents of public school students who sued over Newsom’s July 2020 order.

Newsom is being challenged in a recall election by Larry Elder, a conservative who is better suited to help parents deal with their problems in educating their children.

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