Justice Department Taps U.S. Attorney in Detroit to Probe If ‘Stay at Home’ Orders Go Too Far
U.S. Attorney General William Barr wants the U.S Attorney in Detroit to examine and possibly intervene in “stay at home” orders nationwide, even those banning crowds from events, if he finds they violate constitutional rights.
U.S. Attorney General William Barr says some stay-at-home orders implemented during the COVID-19 pandemic, like those in Michigan, border on what he calls “house arrest.”
Barr is directing the Justice Department to examine whether those restrictions could violate constitutional rights or civil liberties. He says the department may support legal suits filed against orders to shelter at home.
Barr has put the head of the department’s civil rights division and the U.S. Attorney in Detroit, Matthew Schneider, in charge of the effort.
Click on the audio player above to hear the full conversation with U.S. Attorney Matthew Schneider
“The governors are indicating regarding (recent) protests that they agree with free speech. If we agree with free speech we also have to look at the other parts of the First Amendment, which is freedom of association, freedom to worship.” – Matthew Schneider, U.S. Attorney for the Eastern District of Michigan
Schneider says Michigan Governor Gretchen Whitmer may have infringed on civil liberties by banning crowds from attending peaceful gatherings like those at churches, concerts or sporting events, in the name of battling COVID-19.
“We’re seeing there are protests… and the governors are indicating regarding those protests that they agree with free speech. If we agree with free speech we also have to look at the other parts of the First Amendment, which is freedom of association, freedom to worship,” says Schneider.
But some judges see the issue differently.
The Michigan Court of Claims recently rejected a call for a preliminary injunction against Whitmer’s stay-at-home orders.
The court held that any temporary harm to individual rights pales in comparison to the permanent loss of life from COVID-19 the stay-at-home orders are designed to prevent.
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