The U.S. Attorney in Detroit says banning crowds from churches, concerts, or sporting events to slow the spread of COVID-19 could violate the Constitution.
U.S. Attorney Matthew Schneider is helping lead a national Justice Department investigation into whether so-called “stay at home” orders infringe on civil liberties.
Schneider said Michigan Governor Gretchen Whitmer may have gone too far by preventing people from gathering peacefully at large events.
“It’s entirely possible. We’re seeing there are protests across the state…protests across the country…and the governors are indicating regarding those protests that they agree with free speech. Well 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.”
The Michigan Court of Claims, however, recently rejected a lawsuit that argued stay-at-home orders are un-constitutional.
The court held that any temporary harm to civil liberties pales in comparison to the permanent loss of life from COVID-19 the stay-at-home orders are designed to prevent.