Bill of Rights Suspended by 9th Circuit

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Bill of Rights Suspended by 9th Circuit

This is unacceptable.

The “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” wrote the two judges in the majority opinion.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,'” according to the opinion.

It’s hardly a suicide pact to allow low risk people to choose to attend services given that the fatality rate is apparently under one percent. Most won’t choose to go anyway. Less burdensome options like education have already persuaded most people of the wisdom of that.

Meanwhile in Maryland, a local government has banned the Eucharist.


A little reminder

When you read about tests for the Wuhan virus, and grand conclusions about them, bear in mind what Beveridge said:

No one believes an hypothesis except its originator but everyone believes an experiment except the experimenter. Most people are ready to believe something based on experiment but the experimenter knows the many little things that could have gone wrong in the experiment. For this reason the discoverer of a new fact seldom feels quite so confident of it as others do. On the other hand other people are usually critical of an hypothesis, whereas the originator identifies himself with it and is liable to become devoted to it.

The technology for those tests comes from experiments, and if you collared the developers (not the marketers), you’d get some insight into the limits of knowledge, limits that reporters rarely recognize. Those of us who don’t do or actively use research might be surprised.