Gavin Newsom’s CA Shutdown Orders Go Too Far and Violate Constitutional Rights – by Thomas Del Beccaro

The response to the Covid virus around the country and around the world has been to shutdown most of the worldwide economy – near and far. There is great question as to whether that is the best way to handle the medical aspect of pandemic.

There is little question, however, that the governmental responses have done great harm to the economy and have curtailed constitutional rights.

In California, Governor Gavin Newsom, mostly, has taken a one size fit’s all approach to date. That approach makes no sense since most of the state is not like Los Angeles where most of the cases have been reported. Many rural counties have little to no cases and yet they are being forced to shutdown.

By taking the actions Governor Newsom has, I believe he is breaking the law. Here is why:

1. To deprive you of a constitutional right, i.e. your freedom, the government must:
(a) have a compelling interest, and
(b) the restriction it creates must be drawn in the least intrusive manner considering all possible alternatives.

2. The CV risk, i.e. lack of cases, in so many counties in CA no longer justifies Newsom’s restrictions. Without any new cases, how can there still be an emergency in places like Modoc county?

The total number of the cases in the history of the state is not the relevant number. What matters is the number of cases that exist now in the individual localities.

3. Newsom’s one size fits all approach BY DEFINITION is not narrowly drawn because the restrictions on LA, where relatively more vigilance is needed, makes no sense in rural areas where zero to few cases exist and, therefore, less vigilance is needed.

Further, it may be possible to issue a less restrictive order that says travel to certain places from other counties is restricted – but within those counties with no cases the restrictions are unconstitutional.

As I said on Fox the other day, however, politicians have become too invested in their prior positions to admit they are wrong – and, as a result, they refuse to change their positions and policies to our detriment.

Keep in mind that Democrats railed on Trump for saying he will decide when states open. Trump wisely relented (changed his policy) and said the states can decide. Now it is time for Newsom and other Governors to let the cities and town have a greater say just like they demanded of Trump.

Here is the link to my recent Fox Interview that caused a stir: Former GOP chair blasts Newsom’s broad stay-at-home order: California too big for ‘one man to try to control’

Here is the link yo my recent KUSI interview: Former California GOP chair Tom Del Beccaro blasts Newsom’s order to close beaches and state parks

Since those interviews, Newsom decided not to restrict access to all beaches and parks. In my view, he must take that further by allowing rural counties and other places similar situated to open with common sense precautions.

The damage to the economy at this point is too high and Californians cannot afford the tax hikes that are sure to come given the ensuing deficits the state, counties and cities will be facing.

Here the link to my article at FOX on that issue. Del Beccaro: Coronavirus in California – shutdown worsens revenue woes, so guess what’s coming?

Keep in mind there are healthcare costs to everyone who isn’t suffering from Covid. For instance, in England, it is estimated that reduced access to medical care will result in an additional 18,000 cancer patient deaths – that equates to over 100,000 such deaths in the United States. That is just one other disease – the same dynamic exists with heart disease and other medical problems facing our country. So while we are hyper-focused on Covid, others are dying. Their lives matter too.

In short, one size does not fit all and only focusing on Covid is a danger to us all.

Thanks for sharing this article.