Federal Court Rules Against California Gov. Newsom’s Order Barring Private School In-person Classes

The Epoch Times

Gov. Gavin Newsom acted in an unconstitutional manner when he implemented COVID-19-related mandates barring private school children from in-person classes, ruled the U.S. Court of Appeals for the Ninth Circuit.

A July 2020 lawsuit filed by the Center for American Liberty and 20 plaintiffs challenged the Democrat governor’s order that barred in-person teaching in 32 of California’s counties. Several of those plaintiffs said Newsom overstepped is authority and acted illegally by denying parents control over their children’s education.

“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 ruled on Friday, July 23, regarding the case Branch v. Newsom.

He added, “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.” California’s lockdown mandate does not survive “such scrutiny,” the judge wrote.

But the court essentially upheld the state’s decision to keep public schools closed to in-person instruction amid the COVID-19 pandemic.

California had a “legitimate and compelling interest” in preventing COVID-19 by requiring the closure of schools in counties that had relatively high numbers of cases. The California-based circuit court further added that the state has the right to implement different closure rules on child care centers, public schools, and similar facilities.

Newsom’s office has long defended its private school lockdown policies and pushed back against the appeals court’s ruling.

“Throughout this once-in-a-lifetime pandemic, the state was guided by science and data—prioritizing the health and safety of students, staff, and their families while supporting schools to meet the needs of students and return to in-person learning quickly,” Newsom’s office said in a statement to the Los Angeles Times on Friday. “All students are returning to full, in-person instruction next year, and the state is focused on ensuring that return is successful.”

BY JACK PHILLIPS

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Europe Hardens Stance on Asylum Seekers, Faces Legal Battles

Italy is the first EU state to send rejected asylum seekers beyond the bloc’s borders, after attempts were blocked by national and European courts.

They Stand Watch

In a span of only six weeks, four current and former Harris County Deputy Sheriffs died. But their deaths were not in the line of duty – it was suicide.

US Ends Trade Exemption That Enabled Flood of Cheap Chinese Goods

On May 2, the US will end a trading policy exploited by China to flood the U.S. market with cheap goods and smuggle illicit drugs into the country.

HHS to Require Placebo-Controlled Trials for New Vaccines

Health Secretary Robert F. Kennedy Jr. is requiring all new vaccines to be tested against placebos before being licensed, officials said on April 30.

Kamala Harris Proves “Democrats Are Assholes”

Democrats need to start demonstrating some critical thinking skills or America will never vote for them again.

News

US Economy Adds 177,000 New Jobs in April, Tops Market Estimates

The U.S. labor market remains solid amid a backdrop of uncertainty as the economy created a higher-than-expected number of new jobs.

Vance Touts ‘Technology of the Future’ on Display in South Carolina Steel Plant

VP Vance came to Nucor’s steel in SCV to celebrate the Trump admin’s first 100 days, calling it the beginning of the industrial renaissance in the USA.

Trump Admin Asks Supreme Court to Allow Removal of Protected Status for Venezuelan Nationals

Trump admin asked Supreme Court to remove lower court’s block on its decision to remove TPO's for more than 300,000 Venezuelan nationals.

Amazon Announces $4 Billion Rural Delivery Network, Estimates 100,000 New Jobs

Amazon will invest $4 billion by 2026 to expand its network in rural America for delivering packages faster in densely populated areas, the company said.

Cory Bowman, JD Vance’s Brother, Prepares for Cincinnati Mayoral Primary

Kings Arms Coffee owner and brother of VP Vance, Cory Bowman, is running for mayor of Cincinnati, a city that hasn’t elected a Republican mayor since the 1970s.

Two Americans Charged in Operating International Child Exploitation Ring

Two leaders of a child exploitation network known as 764 have been arrested, federal officials announced on Wednesday.

RFK Jr. Says New Parents Should ‘Do Your Own Research’ Into Vaccines

Health Secretary Robert F. Kennedy Jr. has advised new parents to research vaccines recommended for their children.

Kamala Harris Condemns Trump’s First 100 Days

Former VP Kamala Harris issued a sharp rebuke of President Trump’s first 100 days in keynote speech at the 20th anniversary gala for Emerge America.
spot_img

Related Articles