Jul 6, 2020

Unconstitutional Nature of California’s Face Mask Order


Is an Executive Mandate On Citizens Unsupported by Law?

Many lawyers and students of the Constitution are convinced that California Governor Gavin Newsom overstepped his bounds again with a new face mask order. The emergency decree is one disconnected with both legal precedent and enforceability, they say. Newsom says in the interests of the greater good, businesses must close, yet it's ok to riot en mass, as long as the non-profit groups rioting give donation money to Act Blue.

Churches closed, marijuana stores open. Gun stores closed, American flag burning and shutting down public roads with force and threats, ok! This is the state of far-left California since the start of COVID-19 restrictions. The other side says that California presents a petri dish of revolution someone like Joseph Stalin would appreciate. Newsom would counter that burning down a business or private property and rioting in the name of democracy, all help with his re-election. He's got the numbers with the masses. Since college indoctrinated Millennials and their college professors are likely to vote for him, his power is secured. After all, harming other people is a healthy expression, in what many consider to be the most un patriotic state of the union.

Severe COVID Legal Restrictions.

Part of the legal issue is the fact that the new order is unenforceable. Having a rule that cannot be enforced, or is only applied against one group, violates the Equal Protection Clause of the US Constitution. Here, two classes of people are being treated differently in many blue states. For example, rioters and organizations that donate large sums of money to Act Blue, are given a pass during COVID. In effect, many are immune from charges or convictions for battery, arson, and other laws. And normal Americans with children, jobs, and families who don't live in mom's basement, cannot go to church, or celebrate the American Revolution against King George, as teenagers topple statues of Abraham Lincoln with little to no repercussions.

This provides ample legal reason for the remaining non-political courts to overturn this order. There are also volumes of precedent against actions that violate equal protection. But there is one key problem here. These court actions usually take time. Time for the initial challenge. Time for deliberation. Then come the appeals. Then appeals may go all the way to the California, or U.S. Supreme Court. This may seem like a reasonable process.

After all, it's the one the Founders put in place. However, what is relevant here is time. And Gavin Newsom knows that. So do the Democrats in the state legislature. When all is said and done, the orders may be unconstitutional. They may be overturned in the courts. However, by then the Corona wave will likely be over. The use of such measures MAY per legally permissible in one way. If they are approved by the duly elected legislature. Most uses of executive power during emergencies are either unconstitutional or should not be used except in the direst of circumstances.

A Legal Opinion.

My three decades in the legal field prepared me to take on these fights. If you are a person discriminated against for not following an unconstitutional law, I want to fight on your behalf. Call me at the number below or email me 24/7 at michael@ehlinelaw.com. If your rights were violated, we will discuss your legal options and a possible challenge to the Governor's unconstitutional mandate. We are all in this together. Let a legal mind fight for you. Contact me for more info today. Our fight is the one we have together.