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)
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
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.