25 Jul 2021
The U.S. Court of Appeals for the Ninth Circuit ruled Friday that the State of California violated the constitutional rights of parents whose children were at private schools when Gov. Gavin Newsom’s administration forced those schools to shut down during the height of the coronavirus pandemic last year.
A 2-1 majority court found that while the state government had authority to close public schools, that did not include private schools.
The plaintiffs included parents from both public and private schools, who challenged Newsom’s shutdown rules. They were represented by the conservative Center for American Liberty.
Judge Daniel P. Collins wrote:
Newsom s California Violated Parent Rights with School Shutdown, Ninth Circuit Rules
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Pader Brach, executive director of regional operations with Emergency Management BC, said the system is being looked at for a variety of hazards, although he could not say if it would be in place for this wildfire season. We know that minutes count and we re certainly committed to making the Alert Ready system a priority, Brach told a news conference.
The system is already in use for tsunami threats and Amber Alerts, however it was not used during the heat dome in June in which the BC Coroners Service has said the typical death rate tripled.
Brach said Alert Ready would complement existing systems for issuing evacuation orders and other emergency information, not replace them.
The Ninth Circuit Court of Appeals reversed and remanded today, in part, a district court ruling erroneously upholding Governor Newsom’s closure of nearly 80% of schools across California.
In doing so, the Ninth Circuit held that Governor Newsom’s COVID-19 order closing private schools violated parents’ Due Process rights to determine the forum of their kids’ education. The Center for American Liberty (@Liberty Ctr), with counsel Eimer Stahl LLP and the Dhillon Law Group (@dhillonlaw), appealed the District Court’s summary judgement dismissal of the landmark #OpenCASchools case, Brach v. Newsom.
In ruling for parents, the Ninth Circuit reasoned: “…the Supreme Court has long held that ‘the right of parents to make decisions concerning the care, custody, and control of their children is a fundamental liberty interested protected by the Due Process Clause,’ and that right includes ‘the right of parents to be free from state interference with their choice of the ed
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Source: AP Photo/Ringo H.W. Chiu, File
On Friday, Gov. Gavin Newsom (D-CA) was handed another loss to do with his overly stringent lockdown orders due to the Wuhan coronavirus. In
Brach v. Newsom, the 9th Circuit Court of Appeals in part reversed and remanded a decision from a district court. This recent ruling found that the plaintiffs which included the parents of five children were denied of a meaningful education and that their 14h Amendment rights were violated when California ordered private schools closed due to the virus.
4/ If you care about the rights of parents to control their children’s education, and want to help us continue this epic fight for their future in the trial court, please take a moment and support us here https://t.co/YotLOEcOsr Harmeet K. Dhillon (@pnjaban) July 23, 2021
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