To my future law students: Please read the materials below to prepare for our class together. And be prepared, I just might call on you… Philos Adelphos Dikaios!  Fraternally yours, Prof. Keith Rizzardi (Former Fletcher Chapter Justice, Former District XXVI Justice)

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PANDEMIC vs. LAW

Please read the links and discussion outline below.

Order, Circuit Court of Oregon JudgeShirtlickrulingElkhornBaptChurchcase

Motion, Attorney General AttorneyGeneralMotionForStay

Order, Oregon Supreme Court Order-Motion-to-Stay-Elkhorn-v-Brown

Oregon High Court Rules Against Churches in Pandemic Closure Dispute

Center for Disease Control, Considerations for Youth Sports https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/youth-sports.html

State of Florida Executive Order 20-131 (youth sports) https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-131.pdf

ADDITIONAL FYI LINKS (Recommended Reading):

South Bay United Pentecostal Church et. al., v. Gavin Newsom, Governor of California, On Application for Injunctive Relief, U.S. Sup. Ct. Case No. 19A1044, (May 29, 2020) https://www.supremecourt.gov/opinions/19pdf/19a1044_pok0.pdf 

State of Florida Executive Order 20-91 (pages 1-5, note the exemptions!)  https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-91-compressed.pdf

State of Oregon Executive Order 20-30 (extending emergency declaration) https://www.oregon.gov/gov/Documents/executive_orders/eo_20-30.pdf

Topics for discussion:

  • What is a preliminary injunction? a motion? a stay?
  • Consider who possesses legal authority to make emergency decisions.
  • Explain the sequence of events that took place in Oregon.
  • Explain the hierarchy of the law, and the hierarchy of the courts.
  • Explain, from the perspective of a public health authority, the implications of lifting stay-at-home orders to allow youth sports activities?
  • Consider how stay-at-home orders create winners and losers in society, and how the law attempts to reconcile these tensions.
  • Consider how personal ethics shape views of the law and justice.