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Barr Directs Justice Department to ‘Take Action’ Against States Whose Coronavirus Restrictions Infringe on Civil Rights

by Bradley Cortright
April 27, 2020 at 4:54 pm
in IJR
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Former DOJ Officials Call on Attorney General Barr to Resign

Joshua Roberts/Reuters

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Attorney General William Barr is ready to take actions against governors who have imposed coronavirus restrictions, aimed at stopping the spread of the virus, that infringe on civil rights. 

In a memo on Monday, Barr wrote, “Even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.”

He continued, “The legal restrictions on state and local authority are not limited to discrimination against religious institutions and religious believers. For example, the Constitution also forbids, in certain circumstances, discrimination against disfavored speech and undue interference with the national economy.”

Barr said that the Justice Department would examine states’ coronavirus restrictions and if a restriction “crosses the line” the department “may have an obligation to address that overreach in federal court.”

In light of that, Barr said that he had directed Assistant Attorney General for Civil Rights Eric Dreiband and U.S. Attorney for the Eastern District of Michigan Matthew Schneider to “monitor state and local policies and, if necessary, take action to correct them.”

“Many policies that would be unthinkable in regular times have become commonplace in recent weeks, and we do not want to unduly interfere with the important efforts of state and local officials to protect the public,” Barr said.

“But the Constitution is not suspended in times of crisis. We must, therefore, be vigilant to ensure its protections are preserved, at the same time that the public is protected,” he added.

Barr had previously said that the Justice Department would “continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.”

Additionally, he said that government “may not impose special restrictions on religious activity.” 

Barr also previously vowed to “address” governors who “impinge on either civil rights or on the national commerce.”

Tags: Coronavirus OutbreakWilliam Barr
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Bradley Cortright

Bradley Cortright

IJR, Senior Writer He's written for Independent Journal Review since 2019.

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