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Attorney General William Barr on Monday directed federal prosecutors to keep an eye out for lockdown measures aimed at controlling the spread of the CCP virus pandemic that may be infringing on constitutional rights.
In a brief memorandum (pdf), Barr urged U.S. attorneys general across the country to “be on the lookout” for state and local restrictions that could be running afoul of constitutional rights and civil liberties of individual citizens.
Those restrictions that attempt to mitigate the spread of the pandemic, he said, are “necessary” but “there is no denying that they have imposed tremendous burdens on the daily lives of all Americans.”
Barr noted that the Justice Department had previously issued guidance to state and local authorities explaining that even during times of emergencies, the Constitution and federal laws prohibit discrimination against religious institutions and religious believers.
“The legal restrictions on state and local authority are not limited to discrimination against religious institutions and religious believers,” Barr wrote. “For example, the Constitution also forbids, in certain circumstances, discrimination against disfavored speech and undue interference with the national economy.”
He added that in the event that an ordinance “crosses the line” between stopping the spread of the virus and violating constitutional and statutory protections, then the DOJ “may have an obligation to address that overreach in federal court.”
“Many policies that would be unthinkable in regular times have become commonplace in recent weeks, and we do not want to unduly interfere with the important efforts of state and local officials to protect the public,” Barr said. “But the Constitution is not suspended in times of crisis.”
“We must, therefore, be vigilant to ensure its protections are preserved, at the same time that the public is protected.”
This memo comes after Barr’s comments during a radio interview on The Hugh Hewitt show on April 21, where he said the DOJ might consider getting involved in lawsuits against governors’ lockdown measures if states continue to extend them as COVID-19 cases subside.
During the interview, he said that the DOJ has been monitoring the types of restrictions governors are imposing on states during the pandemic. If the department believes any restrictions go “too far,” he said, the department may first attempt to negotiate with the states to roll back or adjust the orders.
If the governors don’t cooperate and individuals bring lawsuits against them, then the DOJ may file a statement of interest in support of the individuals bringing the cases, he said.
The DOJ took this approach recently by filing a statement of claim in support of a Mississippi church that appeared to be singled out by a local mayor’s order against drive-in services.
His comments come as protests against lockdown measures erupt across the country. Many Americans are frustrated by restrictions that caused them to lose their jobs as well as plunge their states into a deep economic slump. Some restrictions have stirred controversy over their relevance to the pandemic, such as Michigan banning the sale of seeds in some stores.
Republished with Permission The Epoch Times SUBSCRIBE
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