« Biden vs. the black swans | When coronavirus shopping starts to look like East vs. West Germany »
April 28, 2020

Attorney General Barr warns governments not to violate people's civil rights

By Andrea Widburg

On Monday, Attorney General Bill Barr issued a formal memorandum to "the Assistant Attorney General for Civil Rights and all United States Attorneys."  In it, he advised them that the Wuhan virus does not eliminate people's constitutional rights and told them that they would be responsible for making sure that political entities in their respective jurisdictions were not committing any violations.  Thank goodness!

One of the regular themes in conservative media is that Democrat politicians (plus a handful of Republican ones) are using the Wuhan virus to justify stripping people entirely of their civil rights.  The main one is basic freedom, for these governments are locking people in their homes.  Also, politicians are shutting down random businesses and treating ordinary conduct as criminal.  Moreover, too many police forces are accepting these diktats and acting in a way more consistent with a socialist country than a constitutional one.

Thankfully, A.G. Barr is a constitutionalist, and he has now informed all of the United States attorneys under his jurisdiction that they are responsible for protecting citizens from this type of overreach:

Barr acknowledges that some restrictions are reasonable to prevent the Wuhan virus from running amok.  Barr says his initial concern was profiteering.  Now, however, "I am directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens."

Further, Barr says he's already explained that the pandemic cannot be used as a vehicle to discriminate against either religious institutions or individuals.  He also reminds the memo's recipients that the restrictions on government overreach are not limited to religion.  Instead, "the Constitution also forbids in certain circumstances, discrimination against disfavored speech and undue interference with the national economy."  If governments stop protecting against the virus and simply engage in "an overbearing infringement of constitutional and statutory protections," this is something the DOJ may have to address.

Fundamentally, says Barr, "the Constitution is not suspended in times of crisis."  A lot of people will be very relieved to hear that.  For example, in Oshkosh, Wisconsin, a dog-groomer was arrested for opening her store because the government thinks she's "non-essential."  The woman actually had the audacity to believe that earning a living is essential!

On April 24, the Winnebago County Health Department contacted Oshkosh Police to inform them the Dog Depot, 1225 S. Main Street, was open even though the Winnebago County Public Health Department has deemed the business non-essential.

A sergeant with the Oshkosh Police Department went to the business and spoke with the owner. The sergeant informed the owner that she had to close immediately.

"The owner was WARNED several times and explained why she needed to close. The owner said that she disagrees with the Winnebago County Health Department and that she would not comply with the Governor's Orders and that she would not close her store," reads a statement from Oshkosh Police.

When the story went public, Governor Tony Evers backed off, saying dog-groomers could stay open.  This reversal was as random as his closing the grooming facilities in the first place.  There have been only 281 deaths attributed to the Wuhan virus in all of Wisconsin.  Winnebago County, in which the groomer works, has had one death.

In Virginia, one judge didn't wait for the Department of Justice to step in.  Instead, a circuit court judge rejected Governor Northam's order closing down indoor gun ranges.  According to the governor, the ranges are "places of amusement" and, therefore, non-essential.  According to Judge F. Patrick Yeatts and those challenging the governor's order, the right to bear arms is fundamental and includes the right to practice bearing arms:

Although the governor attempted to argue that outdoor ranges were an alternative, Yeatts countered, "the Court rules that the right to keep and bear arms is not relegated to the outskirts of the city and of fundamental rights jurisprudence."

The judge's order explained that the governor more than likely exceeded his constitutional powers when he shuttered indoor gun ranges as part of his emergency, statewide shutdown orders. Yeatts notes that the Virginia constitution's right to bear arms includes training with firearms.

"The body of the people, trained to arms is the proper, natural safe defense of a free state," the commonwealth's constitution declares.

Hear!  Hear!

And then there's New York, the state that has borne the brunt of the Wuhan virus in America, leaving New Yorkers locked up, going broke, and justifiably worried that they might get sick.  One very angry Brooklynite scolded Mayor de Blasio and his wife for their hypocrisy in heading out to Prospect Park, 11 miles from the governor's mansion, so they could take a nice walk:

De Blasio is morally corrupt (all hardcore leftists are), politically corrupt, and really stupid.  It's lovely to see a New Yorker get in his face.  It's even more lovely to know that Attorney General Barr is stepping up to stop arbitrary and capricious laws that increase government power without bestowing any additional health and safety benefits on America's citizens.

If you experience technical problems, please write to helpdesk@americanthinker.com