freebeacon--2020-03-20--Report: GOP Senators Dumped Stocks Following Coronavirus Briefing

WASHINGTON ( Reuters ) – Two Republican senators faced calls on Friday that they resign over reports they sold substantial amounts of stock ahead of the global coronavirus-induced market meltdown after receiving closed-door briefings on the outbreak .
Senate Intelligence Committee Chairman Richard Burr sold up to $ 1.7 million worth of stock on Feb. 13 in 33 separate transactions after offering public assurances the government was ready to battle the virus .
His financial filings were first reported by ProPublica .
Senator Kelly Loeffler also sold millions of dollars in shares in the weeks after lawmakers were first briefed @ @ @ @ @ @ @ filings .
Media reports about Burr and Loeffler , who have denied wrongdoing , prompted calls for them to leave office if they were found to have broken the law from people as disparate as a progressive Democratic lawmaker and a conservative commentator .
As Intelligence Committee chairman , Burr has been receiving regular classified updates on the outbreak .
Burr made public comments in line with Republican President Donald Trump ’ s early assurances that the country could easily handle the situation .
But the senator told a private luncheon in Washington @ @ @ @ @ @ @ the coronavirus was much more aggressive in its transmission `` than anything that we have seen in recent history , '' according to a recording obtained by National Public Radio .
In a statement Friday , Burr said he relied only on public news reports to guide his decision on the Feb. 13 stock sale .
`` Understanding the assumption many could make in hindsight , however , I spoke this morning with the chairman of the Senate Ethics Committee and asked him to open a complete review of the matter with full @ @ @ @ @ @ @ Ethics Committee Chairman James Lankford declined to comment on reports of the sales by the senators .
Loeffler sold $ 1.28 million to $ 3.1 million in stocks from Jan. 24 through mid-February , as first reported by The Daily Beast .
The report said the sales began the day her health committee hosted a private coronavirus briefing for senators .
Loeffler , who has a fortune with an estimated worth of $ 500 million , wrote on Twitter she was informed of the transactions three weeks after they occurred .
`` This @ @ @ @ @ @ @ '' she wrote , adding that she and her husband are not involved in investment decisions for her portfolio .
Her husband , Jeffrey Sprecher , is chairman of the New York Stock Exchange .
He could not immediately be reached for comment .
Trump said the senators should `` possibly '' be investigated .
`` They said they did nothing wrong .
I find them , the whole group , very honorable people , '' he told reporters .
Critics on both ends of the political spectrum called on Burr and Loeffler @ @ @ @ @ @ @ the sales .
`` Senator Burr owes North Carolinians an explanation , '' fellow North Carolinian and Republican Senator Thom Tillis wrote on Twitter .
`` His self-referral to the Ethics Committee for their review is appropriate , there needs to be a professional and bipartisan inquiry into this matter . ''
Democratic Representative Alexandria Ocasio-Cortez tweeted , `` It is stomach-churning that the first thoughts these Senators had to a dire & classified # COVID briefing was how to profit off this crisis . ''
Ocasio-Cortez is a prominent member of the @ @ @ @ @ @ @ Fox News commentator Tucker Carlson told viewers on Thursday : `` Maybe there is an honest explanation for what ( Burr ) did .
If there is , he should share it with the rest of us immediately .
Otherwise , he must resign from the Senate and face prosecution for insider trading . ''
Republican Senator James Inhofe and Democratic Senator Dianne Feinstein also sold stock , according to filings , but both said they were not involved in the transactions .
Inhofe denied a New York Times report he had sold @ @ @ @ @ @ @ senators .
`` I do not have any involvement in my investment decisions , '' he said in a statement .
Feinstein said in a statement her money is in a blind trust and she had not attended the January briefing .
Burr , in his third six-year Senate term , has said he will not seek re-election in 2022 .
Loeffler is running for re-election to complete the remaining two years of a term she was appointed to .
The controversy swirled as senators from both parties met with Trump administration officials @ @ @ @ @ @ @ for an economy reeling from the coronavirus , after Republicans made a $ 1 trillion opening bid .
The package includes checks of up to $ 1,200 each for many Americans , and hundreds of billions of dollars in loans for small businesses and industries .
It also would allow Americans to file their taxes by July 15 instead of the normal April 15 .
Senate Majority Leader Mitch McConnell vowed the Senate would not adjourn until it had passed a bill and sent it to the House of Representatives .
Administration officials @ @ @ @ @ @ @ for Trump to sign early next week .
Democrats said they were ready to talk but were also wary , noting they were not involved in drafting the plan .
`` Senator McConnell ’ s bill is not pro-worker at all .
It puts corporations ahead of people .
We need workers first , '' Senate Democratic Leader Chuck Schumer told reporters .
Reporting by Doina Chiacu , Susan Cornwell , Richard Cowan , Susan Heavey , David Morgan and Patricia Zengerle ; Writing by David Morgan and Patricia Zengerle ; Editing by @ @ @ @ @

By David Morgan and Richard Cowan
WASHINGTON (Reuters) - Two Republican senators faced calls on Friday that they resign over reports they sold substantial amounts of stock ahead of the global coronavirus-induced market meltdown after receiving closed-door briefings on the outbreak.
Senate Intelligence Committee Chairman Richard Burr sold up to $1.7 million worth of stock on Feb. 13 in 33 separate transactions after offering public assurances the government was ready to battle the virus. His financial filings were first reported by ProPublica.
Senator Kelly Loeffler also sold millions of dollars in shares in the weeks after lawmakers were first briefed on the virus, according to public filings.
Media reports about Burr and Loeffler, who have denied wrongdoing, prompted calls for them to leave office if they were found to have broken the law from people as disparate as a progressive Democratic lawmaker and a conservative commentator.
As Intelligence Committee chairman, Burr has been receiving regular classified updates on the outbreak.
Burr made public comments in line with Republican President Donald Trump’s early assurances that the country could easily handle the situation. But the senator told a private luncheon in Washington two weeks after the stock sale that the coronavirus was much more aggressive in its transmission "than anything that we have seen in recent history," according to a recording obtained by National Public Radio.
The comments predated Wall Street’s massive sell-off.
In a statement Friday, Burr said he relied only on public news reports to guide his decision on the Feb. 13 stock sale.
"Understanding the assumption many could make in hindsight, however, I spoke this morning with the chairman of the Senate Ethics Committee and asked him to open a complete review of the matter with full transparency," Burr said.
Senate Ethics Committee Chairman James Lankford declined to comment on reports of the sales by the senators.
‘RIDICULOUS AND BASELESS’
Loeffler sold $1.28 million to $3.1 million in stocks from Jan. 24 through mid-February, as first reported by The Daily Beast. The report said the sales began the day her health committee hosted a private coronavirus briefing for senators.
Loeffler, who has a fortune with an estimated worth of $500 million, wrote on Twitter she was informed of the transactions three weeks after they occurred.
"This is a ridiculous and baseless attack," she wrote, adding that she and her husband are not involved in investment decisions for her portfolio.
Her husband, Jeffrey Sprecher, is chairman of the New York Stock Exchange. He could not immediately be reached for comment.
Trump said the senators should "possibly" be investigated.
"They said they did nothing wrong. I find them, the whole group, very honorable people," he told reporters.
OWING AN EXPLANATION
Critics on both ends of the political spectrum called on Burr and Loeffler to consider resigning or at least explain the sales.
"Senator Burr owes North Carolinians an explanation," fellow North Carolinian and Republican Senator Thom Tillis wrote on Twitter. "His self-referral to the Ethics Committee for their review is appropriate, there needs to be a professional and bipartisan inquiry into this matter."
Democratic Representative Alexandria Ocasio-Cortez tweeted, "It is stomach-churning that the first thoughts these Senators had to a dire & classified #COVID briefing was how to profit off this crisis." Ocasio-Cortez is a prominent member of the party’s progressive wing.
Conservative Fox News commentator Tucker Carlson told viewers on Thursday: "Maybe there is an honest explanation for what (Burr) did. If there is, he should share it with the rest of us immediately. Otherwise, he must resign from the Senate and face prosecution for insider trading."
Republican Senator James Inhofe and Democratic Senator Dianne Feinstein also sold stock, according to filings, but both said they were not involved in the transactions.
Inhofe denied a New York Times report he had sold shares after attending a January briefing for senators. "I do not have any involvement in my investment decisions," he said in a statement.
Feinstein said in a statement her money is in a blind trust and she had not attended the January briefing.
Burr, in his third six-year Senate term, has said he will not seek re-election in 2022. Loeffler is running for re-election to complete the remaining two years of a term she was appointed to.
RELIEF PACKAGE
The controversy swirled as senators from both parties met with Trump administration officials to try to devise a rescue plan for an economy reeling from the coronavirus, after Republicans made a $1 trillion opening bid.
The package includes checks of up to $1,200 each for many Americans, and hundreds of billions of dollars in loans for small businesses and industries. It also would allow Americans to file their taxes by July 15 instead of the normal April 15.
Senate Majority Leader Mitch McConnell vowed the Senate would not adjourn until it had passed a bill and sent it to the House of Representatives. Administration officials and congressional leaders hope to send legislation for Trump to sign early next week.
Democrats said they were ready to talk but were also wary, noting they were not involved in drafting the plan.
"Senator McConnell’s bill is not pro-worker at all. It puts corporations ahead of people. We need workers first," Senate Democratic Leader Chuck Schumer told reporters.
Reporting by Doina Chiacu, Susan Cornwell, Richard Cowan, Susan Heavey, David Morgan and Patricia Zengerle; Writing by David Morgan and Patricia Zengerle; Editing by Scott Malone and Jonathan Oatis


freebeacon--2020-03-20--‘Craziest I Have Ever Seen It’: Gun Sales Surge Amid Coronavirus Fears

The coronavirus pandemic has put a strain on the gun and ammunition industry , as well as the FBI 's background check system , due to surging demand .
So many Americans are flocking to local gun stores to stock up on firearms and ammunition in the face of the novel coronavirus that dealers say they are scrambling to keep up with demand .
The surge is also causing delays in FBI background checks , forcing gun owners and first-time buyers alike to wait for their purchases to be approved .
In the worst affected areas , the normally instantaneous @ @ @ @ @ @ @ `` This is the craziest I have ever seen it .
We sold out of all FMJ in the main calibers … and are only left with some high-end self-defense ammo , '' Scott Blick , a managing partner at Ammunition Depot , told the Washington Free Beacon .
`` We have ammo coming in by the truckload to restock , but it will be a long time before we are back to normal inventory . ''
The FBI said it only publicly releases data on the National Instant Criminal Background Check System @ @ @ @ @ @ @ Shooting Sports Foundation ( NSSF ) , the firearms industry 's trade group , said the number of gun checks tripled at one point .
`` We did have a conversation with the FBI yesterday .
And they told us on Monday , March 16 , 2020 , NICS checks were 300 percent higher than they were March 16 , 2019 , '' Mark Oliva , a spokesman for the NSSF , told the Free Beacon .
`` Since February 23 through present , on average , every day has been at least @ @ @ @ @ @ @ There certainly has been a run on people buying firearms and people buying ammunition . ''
At local gun shops visited by the Free Beacon in Pennsylvania and Virginia , the increased demand was evident , as well as precautions against spreading the virus among customers and staff .
At Hudson 's Outfitters & Firearms in Pottstown , Pa. , on Wednesday , the staff limited ammunition purchases to those who also purchased a firearm from their dwindling in-store stock .
The store also restricted the number of people allowed inside the store @ @ @ @ @ @ @ .
Customers stood in line outside the store about six feet apart .
`` It 's been like this for a couple of days , '' Spencer , a salesman at Hudson 's , said .
The sudden surge in gun and ammo sales are similar to ones America has experienced in the wake of terror attacks .
Police in major cities , including Philadelphia and New York , have already publicly announced they will temporarily forgo some arrests due to the pandemic .
A 21-year-old , who did not wish to be @ @ @ @ @ @ @ currently lives in Philadelphia for school and cited the city 's announcement as the reason he wanted to purchase a handgun for the first time .
`` I 'm kind of worried .
I want to be able to protect myself , '' the man said .
The rush was just as evident at Sharpshooters in Lorton , Va. , on Thursday .
The store hung a sign on the door informing customers of the increased cleaning regimen it has instituted , and many employees wore gloves .
The stock of guns was @ @ @ @ @ @ @ selling some common ammunition , including 9mm and 5.56 NATO with a two-box limit .
Sales of some items had surged as much as nine-fold , retailers said .
Anthony Welch , a spokesman for ammunition seller Lucky Gunner , said sales of .223 and 5.56—rounds used in the AR-15 and other semiautomatic rifles—are up 900 percent , while 9mm ammunition increased by 500 percent .
`` We 've definitely been busy , '' Welch said .
`` We 've added customer service team members , and our crew is working overtime to @ @ @ @ @ @ @ , our guys at the warehouse are doing great .
It seems there 's little doubt this is as a result of the coronavirus and everything that could come with it . ''
He added that shotgun rounds have also surged `` a disproportionate amount . ''
`` It 's usually a decent seller but this week , it 's really taken off .
I suppose that makes sense because of its reputation as a great round for home defense , '' Welch said .
The dealers said they experienced spikes in response @ @ @ @ @ @ @ virus .
Welch said sales at Lucky Gunner started to pick up in February after news of the virus taking hold in Italy emerged .
`` Things were about twice as busy the first week of March as they were the first week of the month in 2019 , '' he said .
`` When President Trump gave his Oval Office address [ on March 11 ] it was like someone turned things up to 11 .
We saw things really start to get wild .
In terms of sales , we then @ @ @ @ @ @ @ times where we were in 2019 . ''
Blick of Ammunition Depot said March 12 , the day most sports leagues either canceled or suspended their upcoming games , was the beginning of a run of all-time record sales days .
Pallets of ammunition were sold out minutes after they were released .
`` While demand has been elevated all year , we saw a large ramp in ordering starting last Thursday [ March 12 ] and set single-day sales records for three days in a row , '' Blick said .
`` @ @ @ @ @ @ @ the warehouse to try to keep up with demand , but orders are still coming in at an unprecedented rate . ''
The FBI said it is still operating NICS with a full staff but asked for understanding as it tries to handle the demand while taking precautions against the virus .
`` The FBI is taking appropriate measures to ensure the safety of their employees while remaining committed to ensuring national security and pursuing violations of federal law , '' Holly Morris , an FBI public affairs specialist , told the Free @ @ @ @ @ @ @ the FBI 's National Instant Criminal Background Check System Section remains fully operational and will continue to process requests .
The NICS Section appreciates the public 's patience during this period of national emergency . ''
Still , Oliva said NICS is experiencing delays on normal gun sales across the country—even some extreme ones .
`` Those one-minute answers now may take a few minutes , '' he said .
`` And those other places , where before maybe they took a few minutes , may take a couple hours now just because @ @ @ @ @ @ @ said checks processed by the FBI have been less affected than those conducted by state-level agencies .
`` Where we 're starting to see issues on are states that are ‘ point of contact ' states that do their own background checks , '' Oliva said .
`` Colorado is up to two days now .
Washington state , they 're looking at waits up to three weeks . ''
Oliva said there were also concerns around sales that get delayed during NICS checks .
Under federal law , gun dealers have to @ @ @ @ @ @ @ delay '' by NICS for three business days .
With some state law enforcement offices closing over coronavirus precautions , however , Oliva said those three business days may stretch out much longer than normal .
`` Those business days only count if the state offices are open , '' he said .
`` So , we 're trying to remind all those retailers to be mindful of that 72 hours .
We want to make sure our retailers are completely aware of the effects of this on the law . ''
In @ @ @ @ @ @ @ background checks , manufacturers are already ramping up production , and retailers expect shelves to be restocked in the coming days and months .
Oliva said the companies underpinning the industry are healthy and the supply chain remains strong .
`` For the short term you may see a few hiccups , but I think , over time , like your hand sanitizer folks , your toilet paper manufacturers , they 're all going to be adjusting to the new normal and will be able to fill some of the holes that are @ @ @ @ @ @ @ `` So , I think that you 're going to see the same thing with firearms and ammunition . ''
Spencer from Hudson 's said the store expects to restock `` in the next day or two . ''
Welch said Lucky Gunner is getting new shipments on a daily basis and even though the supply chain is `` getting picked over pretty well , '' manufacturers are continuing to run production lines , which means more product is on the way .
Blick said Ammunition Depot is restocking at an unprecedented rate @ @ @ @ @ @ @ for the next year .
`` Currently , we are able to resupply and have quite literally tens of thousands of tons of ammunition on the road on its way to our warehouse , '' he said .
`` Additionally , we have secured manufacturing capacity for hundreds of millions of rounds over the next year . ''
Blick warned that the increased demand will likely drive up prices as more Americans than ever seek a way to provide for their own personal safety in a time of crisis .
`` We expect @ @ @ @ @ @ @ elevated buying for several months if not longer , '' he said .
`` Wholesale prices have already increased significantly , an indicator that manufacturers and distributors do not have enough stock or manufacturing capacity to keep pace with consumer demand . ''

The coronavirus pandemic has put a strain on the gun and ammunition industry, as well as the FBI's background check system, due to surging demand.
So many Americans are flocking to local gun stores to stock up on firearms and ammunition in the face of the novel coronavirus that dealers say they are scrambling to keep up with demand. The surge is also causing delays in FBI background checks, forcing gun owners and first-time buyers alike to wait for their purchases to be approved. In the worst affected areas, the normally instantaneous checks could begin to take weeks.
"This is the craziest I have ever seen it. We sold out of all FMJ in the main calibers ... and are only left with some high-end self-defense ammo," Scott Blick, a managing partner at Ammunition Depot, told the Washington Free Beacon. "We have ammo coming in by the truckload to restock, but it will be a long time before we are back to normal inventory."
The FBI said it only publicly releases data on the National Instant Criminal Background Check System (NICS) monthly but the National Shooting Sports Foundation (NSSF), the firearms industry's trade group, said the number of gun checks tripled at one point.
"We did have a conversation with the FBI yesterday. And they told us on Monday, March 16, 2020, NICS checks were 300 percent higher than they were March 16, 2019," Mark Oliva, a spokesman for the NSSF, told the Free Beacon. "Since February 23 through present, on average, every day has been at least double what it was last year. There certainly has been a run on people buying firearms and people buying ammunition."
At local gun shops visited by the Free Beacon in Pennsylvania and Virginia, the increased demand was evident, as well as precautions against spreading the virus among customers and staff. At Hudson's Outfitters & Firearms in Pottstown, Pa., on Wednesday, the staff limited ammunition purchases to those who also purchased a firearm from their dwindling in-store stock. The store also restricted the number of people allowed inside the store at a single time to 10 customers. Customers stood in line outside the store about six feet apart.
"It's been like this for a couple of days," Spencer, a salesman at Hudson's, said.
The sudden surge in gun and ammo sales are similar to ones America has experienced in the wake of terror attacks. Police in major cities, including Philadelphia and New York, have already publicly announced they will temporarily forgo some arrests due to the pandemic. A 21-year-old, who did not wish to be named, told the Free Beacon he currently lives in Philadelphia for school and cited the city's announcement as the reason he wanted to purchase a handgun for the first time.
"I'm kind of worried. I want to be able to protect myself," the man said.
The rush was just as evident at Sharpshooters in Lorton, Va., on Thursday. The store hung a sign on the door informing customers of the increased cleaning regimen it has instituted, and many employees wore gloves. The stock of guns was mostly depleted but the store was still selling some common ammunition, including 9mm and 5.56 NATO with a two-box limit.
Sales of some items had surged as much as nine-fold, retailers said. Anthony Welch, a spokesman for ammunition seller Lucky Gunner, said sales of .223 and 5.56—rounds used in the AR-15 and other semiautomatic rifles—are up 900 percent, while 9mm ammunition increased by 500 percent.
"We've definitely been busy," Welch said. "We've added customer service team members, and our crew is working overtime to try to keep up. So far, our guys at the warehouse are doing great. It seems there's little doubt this is as a result of the coronavirus and everything that could come with it."
He added that shotgun rounds have also surged "a disproportionate amount."
"It's usually a decent seller but this week, it's really taken off. I suppose that makes sense because of its reputation as a great round for home defense," Welch said.
The dealers said they experienced spikes in response to specific pieces of news surrounding the virus. Welch said sales at Lucky Gunner started to pick up in February after news of the virus taking hold in Italy emerged.
"Things were about twice as busy the first week of March as they were the first week of the month in 2019," he said. "When President Trump gave his Oval Office address [on March 11] it was like someone turned things up to 11. We saw things really start to get wild. In terms of sales, we then started running anywhere from 8 to 10 times where we were in 2019."
Blick of Ammunition Depot said March 12, the day most sports leagues either canceled or suspended their upcoming games, was the beginning of a run of all-time record sales days. Pallets of ammunition were sold out minutes after they were released.
"While demand has been elevated all year, we saw a large ramp in ordering starting last Thursday [March 12] and set single-day sales records for three days in a row," Blick said. "We are currently running double shifts in the warehouse to try to keep up with demand, but orders are still coming in at an unprecedented rate."
The FBI said it is still operating NICS with a full staff but asked for understanding as it tries to handle the demand while taking precautions against the virus.
"The FBI is taking appropriate measures to ensure the safety of their employees while remaining committed to ensuring national security and pursuing violations of federal law," Holly Morris, an FBI public affairs specialist, told the Free Beacon. "At this time, the FBI's National Instant Criminal Background Check System Section remains fully operational and will continue to process requests. The NICS Section appreciates the public's patience during this period of national emergency."
Still, Oliva said NICS is experiencing delays on normal gun sales across the country—even some extreme ones.
"Those one-minute answers now may take a few minutes," he said. "And those other places, where before maybe they took a few minutes, may take a couple hours now just because demand is so high."
He said checks processed by the FBI have been less affected than those conducted by state-level agencies.
"Where we're starting to see issues on are states that are 'point of contact' states that do their own background checks," Oliva said. "Colorado is up to two days now. Washington state, they're looking at waits up to three weeks."
Oliva said there were also concerns around sales that get delayed during NICS checks. Under federal law, gun dealers have to hold sales that come back marked "delay" by NICS for three business days. With some state law enforcement offices closing over coronavirus precautions, however, Oliva said those three business days may stretch out much longer than normal.
"Those business days only count if the state offices are open," he said. "So, we're trying to remind all those retailers to be mindful of that 72 hours. We want to make sure our retailers are completely aware of the effects of this on the law."
In the face of unprecedented demand and slowed background checks, manufacturers are already ramping up production, and retailers expect shelves to be restocked in the coming days and months. Oliva said the companies underpinning the industry are healthy and the supply chain remains strong.
"For the short term you may see a few hiccups, but I think, over time, like your hand sanitizer folks, your toilet paper manufacturers, they're all going to be adjusting to the new normal and will be able to fill some of the holes that are out there," Oliva said. "So, I think that you're going to see the same thing with firearms and ammunition."
Spencer from Hudson's said the store expects to restock "in the next day or two." Welch said Lucky Gunner is getting new shipments on a daily basis and even though the supply chain is "getting picked over pretty well," manufacturers are continuing to run production lines, which means more product is on the way. Blick said Ammunition Depot is restocking at an unprecedented rate and has already secured new manufacturing capacity for the next year.
"Currently, we are able to resupply and have quite literally tens of thousands of tons of ammunition on the road on its way to our warehouse," he said. "Additionally, we have secured manufacturing capacity for hundreds of millions of rounds over the next year."
Blick warned that the increased demand will likely drive up prices as more Americans than ever seek a way to provide for their own personal safety in a time of crisis.
"We expect to be feeling the shocks of this elevated buying for several months if not longer," he said. "Wholesale prices have already increased significantly, an indicator that manufacturers and distributors do not have enough stock or manufacturing capacity to keep pace with consumer demand."


freebeacon--2020-03-20--California’s Stay-at-Home Order Raises Constitutional Questions

The unprecedented steps government leaders have taken to contain the coronavirus—and the more extreme measures being considered—are raising thorny legal questions for U.S. courts .
California 's Gavin Newsom became the first governor to impose an extraordinary lockdown measure Thursday night , directing state residents to remain at home or face fines , except for essential tasks like grocery shopping or walking a pet .
Yet it 's unclear whether Newsom 's order is constitutional .
Even if it is n't , judges might allow such extreme steps , at least for a limited period of time .
Some of @ @ @ @ @ @ @ new , like Newsom 's confinement order , or whether the Centers for Disease Control can impose quarantines inside U.S. borders to contain the virus .
Professor James Hodge , a public health law specialist at Arizona State University , said lockdowns of the sort seen in France—where President Emmanuel Macron has mobilized 100,000 police officers to enforce a shelter in place order for 15 days—is likely to trip multiple constitutional wires .
`` We 've seen lockdowns in China and Italy .
The capacity to pull off similar efforts in the United @ @ @ @ @ @ @ sketchy at best because of rights to travel , due process and other specific constitutional norms , '' Hodge told the Washington Free Beacon .
If the crisis worsens significantly , the courts may permit broad action , at least for a limited period of time .
A judge might defer to the judgment of public health authorities , but the government would be required to show its interest is compelling and its intervention is both narrowly constructed and the least restrictive means of meeting the threat .
Hodge said meeting that last @ @ @ @ @ @ @ , since ordinary social distancing measures may be as effective as a French-style lockdown and do not infringe fundamental rights .
Yet Newsom has described a dire situation in California .
Speaking Thursday before the lockdown order was issued , the governor cited one projection that anticipates about 20 million people , over half the state 's population , could become infected with COVID-19 in the next two months .
Though that figure represents a worst-case scenario , infections on that scale far outpace the capacity of state health care systems , leaving @ @ @ @ @ @ @ Courts may also confront the question of whether the federal government has power to quarantine and isolate individuals inside the United States to stop the spread of coronavirus .
Federal rules seem to allow those steps , but such action on a broad scale is completely unprecedented .
CDC regulations seem to give the agency broad authority to stop the spread of communicable diseases among the states .
But those powers are untested because the agency customarily allows state and local partners to take the lead .
Public health authority is fragmented across @ @ @ @ @ @ @ tribal departments .
Emory University School of Law professor Polly Price explained that the Public Health Safety Act ( PHSA ) authorizes the surgeon general and the CDC to stop the spread of communicable diseases between states .
That power has never been put into practice .
`` The statute limits federal quarantine power to U.S. entry points and to persons believed ‘ to be moving or about to move from a state to another state , ' '' Price said .
`` The CDC is tasked with federal quarantine orders ; to @ @ @ @ @ @ @ rarely , and only for individuals rather than groups or populations . ''
The CDC has adopted expansive regulations under the PHSA .
One regulation allows the agency director to apprehend and quarantine individuals to stop the transmission of disease .
Another empowers the director to intervene if local control efforts are found to be `` inadequate , '' enabling the agency to inspect and fumigate infected sources .
Another allows the CDC to seize vehicles to contain a pandemic .
Hypothetically , those regulations mean that the CDC could seize and quarantine @ @ @ @ @ @ @ someone on board has COVID-19 .
The agency , however , is somewhat constrained by its size .
With just 11,000 employees , the CDC would have to rely heavily on state and local authorities if it pursued broad-based enforcement of its regulations .
While CDC 's authority in the interior is unsettled , it has vast powers at the border itself , as U.S. travelers have lately discovered .
The CDC maintains 20 quarantine stations at airports and land crossings .
For example , about 350 Americans who were evacuated in February @ @ @ @ @ @ @ quarantined at military bases in California for two weeks .
Hundreds of passengers aboard the Grand Princess cruise ship , which incurred a COVID-19 outbreak as it approached San Francisco , were quarantined at military installations in California , Georgia , and Texas on CDC ’ s orders .
Those directives , issued in the early stages of the pandemic , mark the most aggressive implementation of CDC quarantine authority in decades .

The unprecedented steps government leaders have taken to contain the coronavirus—and the more extreme measures being considered—are raising thorny legal questions for U.S. courts.
California's Gavin Newsom became the first governor to impose an extraordinary lockdown measure Thursday night, directing state residents to remain at home or face fines, except for essential tasks like grocery shopping or walking a pet. Yet it's unclear whether Newsom's order is constitutional. Even if it isn't, judges might allow such extreme steps, at least for a limited period of time.
Some of the legal questions presented by COVID-19 are new, like Newsom's confinement order, or whether the Centers for Disease Control can impose quarantines inside U.S. borders to contain the virus.
Professor James Hodge, a public health law specialist at Arizona State University, said lockdowns of the sort seen in France—where President Emmanuel Macron has mobilized 100,000 police officers to enforce a shelter in place order for 15 days—is likely to trip multiple constitutional wires.
"We've seen lockdowns in China and Italy. The capacity to pull off similar efforts in the United States at any level of government is sketchy at best because of rights to travel, due process and other specific constitutional norms," Hodge told the Washington Free Beacon.
If the crisis worsens significantly, the courts may permit broad action, at least for a limited period of time. A judge might defer to the judgment of public health authorities, but the government would be required to show its interest is compelling and its intervention is both narrowly constructed and the least restrictive means of meeting the threat.
Hodge said meeting that last objective would be hardest for government officials, since ordinary social distancing measures may be as effective as a French-style lockdown and do not infringe fundamental rights.
Yet Newsom has described a dire situation in California. Speaking Thursday before the lockdown order was issued, the governor cited one projection that anticipates about 20 million people, over half the state's population, could become infected with COVID-19 in the next two months. Though that figure represents a worst-case scenario, infections on that scale far outpace the capacity of state health care systems, leaving thousands of lives in the balance.
Courts may also confront the question of whether the federal government has power to quarantine and isolate individuals inside the United States to stop the spread of coronavirus. Federal rules seem to allow those steps, but such action on a broad scale is completely unprecedented.
CDC regulations seem to give the agency broad authority to stop the spread of communicable diseases among the states. But those powers are untested because the agency customarily allows state and local partners to take the lead. Public health authority is fragmented across some 2,700 state, local, and tribal departments.
Emory University School of Law professor Polly Price explained that the Public Health Safety Act (PHSA) authorizes the surgeon general and the CDC to stop the spread of communicable diseases between states. That power has never been put into practice.
"The statute limits federal quarantine power to U.S. entry points and to persons believed 'to be moving or about to move from a state to another state,'" Price said. "The CDC is tasked with federal quarantine orders; to date it has exercised that authority only rarely, and only for individuals rather than groups or populations."
The CDC has adopted expansive regulations under the PHSA. One regulation allows the agency director to apprehend and quarantine individuals to stop the transmission of disease. Another empowers the director to intervene if local control efforts are found to be "inadequate," enabling the agency to inspect and fumigate infected sources. Another allows the CDC to seize vehicles to contain a pandemic.
Hypothetically, those regulations mean that the CDC could seize and quarantine airplane passengers for weeks if they determine someone on board has COVID-19. The agency, however, is somewhat constrained by its size. With just 11,000 employees, the CDC would have to rely heavily on state and local authorities if it pursued broad-based enforcement of its regulations.
While CDC's authority in the interior is unsettled, it has vast powers at the border itself, as U.S. travelers have lately discovered. The CDC maintains 20 quarantine stations at airports and land crossings.
For example, about 350 Americans who were evacuated in February from China’s Hubei province were quarantined at military bases in California for two weeks.
Hundreds of passengers aboard the Grand Princess cruise ship, which incurred a COVID-19 outbreak as it approached San Francisco, were quarantined at military installations in California, Georgia, and Texas on CDC’s orders.
Those directives, issued in the early stages of the pandemic, mark the most aggressive implementation of CDC quarantine authority in decades.


freebeacon--2020-03-20--10 Common Sense Solutions to the Economic Crisis Caused by China

In this time of global crisis and economic uncertainty , both Democrats and Republicans have been seeking to exploit the China-caused pandemic in pursuit of partisan policy objectives .
Shame on them !
The Washington Free Beacon , in partnership with the David Gergen Institute for Excellence in Bipartisan Ethics and Legislative Policy Solutions ( DGIEBELPS ) , has engineered the following economic relief proposals to rescue the American economy from the ongoing Wuhan crisis .
Congress should include them as part of any legislative effort to revive the economy in these perilous times .
1 ) Tax Cuts Now @ @ @ @ @ @ @ relief for struggling hedge funds and other high-frequency traders , a permanent holiday on all capital gains taxes should be implemented immediately .
In addition , back-dated subsidies should be considered for all who have suffered under the inheritance tax regime since it was wrongfully reinstituted in 2011 .
2 ) Firearms for All : In addition to ( or perhaps instead of ) sending checks to all Americans , the government should consider providing complimentary firearms to all citizens , particularly the most vulnerable .
As our local police forces become strained @ @ @ @ @ @ @ petty criminals , regular citizens must be empowered .
Firearms inequality will only be exacerbated by the crisis without strong federal action .
Additionally , the Centers for Disease Control should issue new guidance on proper social distancing at gun shows .
While we 're at it , the so-called gun-show loophole must be opened—by executive action , if Congress fails to act .
3 ) Move the Embassy—Again : We do n't know when Israeli scientists will develop a vaccine for coronavirus , but when they do , America must be ready @ @ @ @ @ @ @ already moved the U.S. embassy to Jerusalem .
The State Department should begin developing plans to relocate the embassy once again , this time housing it in East Jerusalem .
At a moment like this , it ’ s important to let our allies know whose side we 're on .
4 ) War : We urge Congress to ask Senators Tom Cotton ( R. , Ark . )
and Ted Cruz ( R. , Texas ) to draft an emergency declaration of war against Iran , and to attach it as an @ @ @ @ @ @ @ bill .
Some of our experts have questioned whether now is the moment to expend more money on an overseas military intervention .
But a war would be no more expensive than the bailout of Boeing currently under consideration , and a war would at least give the American people a return on their investment .
Why do you think FDR allowed the Japanese to attack Pearl Harbor ?
Also , the ayatollahs have had this coming for a long time .
5 ) Real Criminal Justice Reform : Our prisons are too @ @ @ @ @ @ @ the Wuhan virus .
President Trump should immediately pardon low-level criminals such as Mike Flynn , Roger Stone , George Papadopoulos , and Paul Manafort .
Now is the time to restore the American people 's faith in the federal government and reverse the damage done by the media-driven Russia collusion hoax .
Trump should also appoint a blue-ribbon panel to determine the whereabouts of Hillary Clinton 's private email server .
6 ) Repeal the Endangered Species Act : While the price of oil is now mercifully low for America 's coal @ @ @ @ @ @ @ great danger .
America needs to extract as much of its own fossil-fuel energy as it can , or our overloaded hospitals will not be able to turn on the lights .
That 's why we recommend a temporary suspension of the Endangered Species Act , as well as the permanent elimination of the Environmental Protection Agency .
The president must authorize oil exploration studies in all of America 's national parks and wildlife preserves .
We have all the bald eagles we need .
But we can never have too much oil @ @ @ @ @ @ @ and Professors : Schools and universities need workforce flexibility to account for the demands of distance learning .
Classroom size can now be infinite , and if Congress uses its authority judiciously , we can eliminate all but one teacher—and eliminate the teachers ' unions entirely .
The bullies in Big Education need to take a seat , at least until we can find out what the hell is going on .
8 ) Health Care Justice : Moments of crisis require national cohesion .
Accordingly , the American people should n't have @ @ @ @ @ @ @ law named after a corrupt president who failed to produce a valid long-form birth certificate .
This is why we propose formally changing the name of our existing health care regime from `` Obamacare '' to `` Melaniacare . ''
9 ) Government Waste : Now is not the time to cut off the government spigot .
But there are a few things the president can do to save a little money .
Let 's start by defunding the Corporation for Public Broadcasting and National Public Radio .
10 ) Election Security : @ @ @ @ @ @ @ contain the spread of the Wuhan virus would be to indefinitely postpone the 2020 election .
President Trump has too many supporters who will gladly risk their lives to attend one of his legendary campaign rallies .
Perhaps if the president wasn ’ t so popular , we could risk it .
The American people did n't abandon FDR during World War II , and that 's a precedent worth following .
In any event , we can always revisit the idea of public elections as soon as China is no longer a @ @ @

In this time of global crisis and economic uncertainty, both Democrats and Republicans have been seeking to exploit the China-caused pandemic in pursuit of partisan policy objectives. Shame on them!
The Washington Free Beacon, in partnership with the David Gergen Institute for Excellence in Bipartisan Ethics and Legislative Policy Solutions (DGIEBELPS), has engineered the following economic relief proposals to rescue the American economy from the ongoing Wuhan crisis. Congress should include them as part of any legislative effort to revive the economy in these perilous times.
1) Tax Cuts Now: In an effort to provide much-needed relief for struggling hedge funds and other high-frequency traders, a permanent holiday on all capital gains taxes should be implemented immediately. In addition, back-dated subsidies should be considered for all who have suffered under the inheritance tax regime since it was wrongfully reinstituted in 2011.
2) Firearms for All: In addition to (or perhaps instead of) sending checks to all Americans, the government should consider providing complimentary firearms to all citizens, particularly the most vulnerable. As our local police forces become strained in the fight against looters and other petty criminals, regular citizens must be empowered. Firearms inequality will only be exacerbated by the crisis without strong federal action. Additionally, the Centers for Disease Control should issue new guidance on proper social distancing at gun shows. While we're at it, the so-called gun-show loophole must be opened—by executive action, if Congress fails to act.
3) Move the Embassy—Again: We don't know when Israeli scientists will develop a vaccine for coronavirus, but when they do, America must be ready to reward them. President Trump has already moved the U.S. embassy to Jerusalem. The State Department should begin developing plans to relocate the embassy once again, this time housing it in East Jerusalem. At a moment like this, it’s important to let our allies know whose side we're on.
4) War: We urge Congress to ask Senators Tom Cotton (R., Ark.) and Ted Cruz (R., Texas) to draft an emergency declaration of war against Iran, and to attach it as an amendment to the forthcoming Wuhan virus bailout bill. Some of our experts have questioned whether now is the moment to expend more money on an overseas military intervention. But a war would be no more expensive than the bailout of Boeing currently under consideration, and a war would at least give the American people a return on their investment. Why do you think FDR allowed the Japanese to attack Pearl Harbor? Also, the ayatollahs have had this coming for a long time.
5) Real Criminal Justice Reform: Our prisons are too crowded—they risk becoming a breeding ground for the Wuhan virus. President Trump should immediately pardon low-level criminals such as Mike Flynn, Roger Stone, George Papadopoulos, and Paul Manafort. Now is the time to restore the American people's faith in the federal government and reverse the damage done by the media-driven Russia collusion hoax. Trump should also appoint a blue-ribbon panel to determine the whereabouts of Hillary Clinton's private email server.
6) Repeal the Endangered Species Act: While the price of oil is now mercifully low for America's coal rollers, our fracking industry is in great danger. America needs to extract as much of its own fossil-fuel energy as it can, or our overloaded hospitals will not be able to turn on the lights. That's why we recommend a temporary suspension of the Endangered Species Act, as well as the permanent elimination of the Environmental Protection Agency. The president must authorize oil exploration studies in all of America's national parks and wildlife preserves. We have all the bald eagles we need. But we can never have too much oil.
7) End Tenure for Teachers and Professors: Schools and universities need workforce flexibility to account for the demands of distance learning. Classroom size can now be infinite, and if Congress uses its authority judiciously, we can eliminate all but one teacher—and eliminate the teachers' unions entirely. The bullies in Big Education need to take a seat, at least until we can find out what the hell is going on.
8) Health Care Justice: Moments of crisis require national cohesion. Accordingly, the American people shouldn't have been constantly triggered by a health care law named after a corrupt president who failed to produce a valid long-form birth certificate. This is why we propose formally changing the name of our existing health care regime from "Obamacare" to "Melaniacare."
9) Government Waste: Now is not the time to cut off the government spigot. But there are a few things the president can do to save a little money. Let's start by defunding the Corporation for Public Broadcasting and National Public Radio.
10) Election Security: One of the most efficient ways to contain the spread of the Wuhan virus would be to indefinitely postpone the 2020 election. President Trump has too many supporters who will gladly risk their lives to attend one of his legendary campaign rallies. Perhaps if the president wasn’t so popular, we could risk it. The American people didn't abandon FDR during World War II, and that's a precedent worth following. In any event, we can always revisit the idea of public elections as soon as China is no longer a world power.


freebeacon--2020-03-22--Rand Paul Becomes First Senator to Announce Positive Coronavirus Test

WASHINGTON ( Reuters ) – Republican U.S .
Senator Rand Paul of Kentucky has tested positive for coronavirus , his @ @ @ @ @ on Sunday , becoming the first member of the upper chamber of Congress to announce @ @ @ @ @ number of U.S. cases continued to grow .
Paul has no symptoms and was tested @ @ @ @ @ caution '' given his recent travels , according to the statement , which comes as @ @ @ @ @ up a massive economic relief bill .
Other U.S. senators self-quarantined as a precaution in @ @ @ @ @ least two members of the House of Representatives have also tested positive .
Reporting by @ @ @ @ @ ; Editing by Lisa Shumaker

WASHINGTON (Reuters) - Republican U.S. Senator Rand Paul of Kentucky has tested positive for coronavirus, his office said in a statement on Sunday, becoming the first member of the upper chamber of Congress to announce he has COVID-19 as the number of U.S. cases continued to grow.
Paul has no symptoms and was tested out of "abundance of caution" given his recent travels, according to the statement, which comes as the Senate prepared to take up a massive economic relief bill.
Other U.S. senators self-quarantined as a precaution in recent weeks, and at least two members of the House of Representatives have also tested positive.
Reporting by Susan Heavey and Richard Cowan; Editing by Lisa Shumaker


freebeacon--2020-03-22--AOC on Stimulus Package: $2 Trillion Isn’t Enough

Rep. Alexandria Ocasio-Cortez ( D. , N.Y. ) said Sunday that the upcoming third coronavirus stimulus bill , which could cost more than $ 2 trillion , is potentially inadequate to provide necessary economic relief .
On CNN 's State of the Union , Ocasio-Cortez argued that there is almost no conceivable price too high for an economic stimulus package .
`` I do n't think a lot of people out there really understand the systemic shock that is being experienced in the economy right now , '' Ocasio-Cortez said .
`` Folks are comparing this to 2008 .
This @ @ @ @ @ @ @ 2008 because what we have seen is that almost overnight , our entire economy , even the felt economy from jobs , is ceasing almost overnight . ''
Ocasio-Cortez was responding to a question posed by CNN anchor Jake Tapper regarding the cost of the proposed $ 2 trillion dollar stimulus bill , which is now hotly contested in negotiations in Congress .
The New York Democrat said she would oppose any corporate bailouts that might be included in the bill , turning discussions of cost to questions of who deserves relief .
@ @ @ @ @ @ @ size but what we are doing with those funds because if we are having a huge package … there is no reason for corporate bailouts to be included in an emergency relief package , '' Ocasio-Cortez said .
Instead , the congresswoman advocated for dramatically expanding current welfare programs and halting creditors from collecting on debts .
`` We should be focusing [ on ] : Is unemployment expanding ?
Are we getting checks in people 's hands ?
Are we suspending mortgage , rent , and debt payments ? ''
Ocasio-Cortez said @ @ @ @ @ @ @ do that , if we 're able to get money into households and stop the bleeding with pauses on money going out of households , then we can get working families through this thing . ''
Ocasio-Cortez opposed bailing out the airline industry and banks .
The only foreseeable circumstance , she said , in which a stimulus bill would be `` too big , '' is if it bailed out corporations .
`` So it 's really about how we 're using these funds , '' she added .
Ocasio-Cortez , a @ @ @ @ @ @ @ been a frequent critic of capitalism during her time in Congress .
In January , she said that billionaire business owners do n't generate their own fortunes but `` take '' their wealth .
The current economic stimulus package has reached a stalemate , with Speaker Nancy Pelosi ( D. , Calif. ) claiming the House of Representatives will draft its own version of the stimulus in hopes it will pass the Senate .

Rep. Alexandria Ocasio-Cortez (D., N.Y.) said Sunday that the upcoming third coronavirus stimulus bill, which could cost more than $2 trillion, is potentially inadequate to provide necessary economic relief.
On CNN's State of the Union, Ocasio-Cortez argued that there is almost no conceivable price too high for an economic stimulus package.
"I don't think a lot of people out there really understand the systemic shock that is being experienced in the economy right now," Ocasio-Cortez said. "Folks are comparing this to 2008. This is very, very different than even 2008 because what we have seen is that almost overnight, our entire economy, even the felt economy from jobs, is ceasing almost overnight."
Ocasio-Cortez was responding to a question posed by CNN anchor Jake Tapper regarding the cost of the proposed $2 trillion stimulus bill, which is now hotly contested in negotiations in Congress.
The New York Democrat said she would oppose any corporate bailouts that might be included in the bill, turning discussions of cost to questions of who deserves relief.
"The question is not just the size but what we are doing with those funds because if we are having a huge package ... there is no reason for corporate bailouts to be included in an emergency relief package," Ocasio-Cortez said.
Instead, the congresswoman advocated for dramatically expanding current welfare programs and halting creditors from collecting on debts.
"We should be focusing [on]: Is unemployment expanding? Are we getting checks in people's hands? Are we suspending mortgage, rent, and debt payments?" Ocasio-Cortez said. "If we're able to do that, if we're able to get money into households and stop the bleeding with pauses on money going out of households, then we can get working families through this thing."
Ocasio-Cortez opposed bailing out the airline industry and banks. The only foreseeable circumstance, she said, in which a stimulus bill would be "too big," is if it bailed out corporations.
"So it's really about how we're using these funds," she added.
Ocasio-Cortez, a self-described "democratic socialist," has been a frequent critic of capitalism during her time in Congress. In January, she said that billionaire business owners don't generate their own fortunes but "take" their wealth.
The current economic stimulus package has reached a stalemate, with Speaker Nancy Pelosi (D., Calif.) claiming the House of Representatives will draft its own version of the stimulus in hopes it will pass the Senate.


freebeacon--2020-03-22--MSNBC Anchor: Universal Health Care Isn’t Socialist

MSNBC anchor Ali Velshi said on Sunday that universal health care is not a `` socialist '' or even `` liberal concept , '' claiming instead it is `` actually a conservative idea . ''
In a discussion with Rep .
Buddy Carter ( R. , Ga. ) about the approaching coronavirus stimulus bill in Congress , Velshi argued that given the size of the stimulus , lawmakers should reconsider universal health care as a viable alternative to the present system .
`` You 're talking to a Canadian , '' Velshi said .
`` I 'm just guessing here @ @ @ @ @ @ @ countries in the world , all of which are highly developed countries , have universal medicine—many of which were brought in by conservative governments , actually a conservative idea .
In the United States , it was first floated as a conservative idea .
In Massachusetts , it was done by a Republican conservative governor who 's now a member of the Senate .
Universal health care is not at all a liberal concept .
It 's not a socialist concept at all . ''
Velshi was referring to former Massachusetts governor Mitt @ @ @ @ @ @ @ health care reform law in the state which mandated a minimum level of health insurance coverage for every resident .
Velshi was responding to Carter , who said he did not want the government to implement Medicare for All in response to the coronavirus pandemic .
Universal health care has been pushed by some progressive politicians over the last few weeks as the United States heads into an economic slump brought on by the nation 's rapidly spreading coronavirus pandemic , which has shuttered businesses , furloughed workers , and isolated people across @ @ @ @ @ @ @ Democratic presidential debate , Sen. Bernie Sanders ( I. , Vt. ) promoted his signature Medicare for All proposal , which would eliminate private health insurance , arguing the current health care system is not `` prepared to provide health care to all people . ''
Rep. Alexandria Ocasio-Cortez ( D. , N.Y. ) has also called for Medicare for All in response to the coronavirus pandemic .
In the past , Sanders has lauded universal health care in European countries as a success of `` socialism , '' describing his own political @ @ @ @ @ @ @ socialism . ''
The Senate and House of Representatives have been in heated talks for the past week , passing multiple coronavirus stimulus packages for affected industries and citizens .
The most recent talks , which are still ongoing , have centered on a universal stimulus in the form of checks mailed out to all U.S. citizens .
The stimulus package could top $ 2 trillion .

MSNBC anchor Ali Velshi said on Sunday that universal health care is not a "socialist" or even "liberal concept," claiming instead it is "actually a conservative idea."
In a discussion with Rep. Buddy Carter (R., Ga.) about the approaching coronavirus stimulus bill in Congress, Velshi argued that given the size of the stimulus, lawmakers should reconsider universal health care as a viable alternative to the present system.
"You're talking to a Canadian," Velshi said. "I'm just guessing here, top of my head, 58 countries in the world, all of which are highly developed countries, have universal medicine—many of which were brought in by conservative governments, actually a conservative idea. In the United States, it was first floated as a conservative idea. In Massachusetts, it was done by a Republican conservative governor who's now a member of the Senate. Universal health care is not at all a liberal concept. It's not a socialist concept at all."
Velshi was referring to former Massachusetts governor Mitt Romney, who in 2006 passed a health care reform law in the state which mandated a minimum level of health insurance coverage for every resident.
Velshi was responding to Carter, who said he did not want the government to implement Medicare for All in response to the coronavirus pandemic.
Universal health care has been pushed by some progressive politicians over the last few weeks as the United States heads into an economic slump brought on by the nation's rapidly spreading coronavirus pandemic, which has shuttered businesses, furloughed workers, and isolated people across the country. During last week's Democratic presidential debate, Sen. Bernie Sanders (I., Vt.) promoted his signature Medicare for All proposal, which would eliminate private health insurance, arguing the current health care system is not "prepared to provide health care to all people." Rep. Alexandria Ocasio-Cortez (D., N.Y.) has also called for Medicare for All in response to the coronavirus pandemic.
In the past, Sanders has lauded universal health care in European countries as a success of "socialism," describing his own political platform—which includes Medicare for All—as "democratic socialism."
The Senate and House of Representatives have been in heated talks for the past week, passing multiple coronavirus stimulus packages for affected industries and citizens. The most recent talks, which are still ongoing, have centered on a universal stimulus in the form of checks mailed out to all U.S. citizens. The stimulus package could top $2 trillion.


freebeacon--2020-03-23--Bloomberg Exploits Campaign Finance Loophole to Funnel $18 Million to DNC

Michael Bloomberg announced he will transfer $ 18 million from his failed presidential campaign to the Democratic National Committee—a move experts say exploits a loophole in campaign finance laws .
Individual donations to the DNC are capped at $ 35,500 , and donations to its convention , legal proceedings , and building funds are capped at $ 106,500 each .
But Bloomberg , by pouring nearly a billion dollars of his own fortune into his presidential efforts , found a way to bypass those restrictions .
The massive contribution to the DNC will not flow directly from Bloomberg himself but @ @ @ @ @ @ @ can make unlimited transfers to other committees .
Experts are assailing the move , which they say allows Bloomberg to bypass individual donor limits .
`` Incredible .
Candidates may transfer leftover campaign funds to the party , but I do n't believe that loophole has ever been exploited in this way and to this degree , '' said Brendan Fischer , program director at the Campaign Legal Center .
`` It guarantees that Bloomberg will retain enormous influence over the Democratic Party . ''
Lee Goodman , former chairman of the Federal @ @ @ @ @ @ @ transfer as a `` legal two-step . ''
`` Although the funds originated with Mr. Bloomberg , the contribution from the Bloomberg campaign to the party is a legal two-step , '' Goodman told the Washington Free Beacon .
`` It helps that the funds Mr. Bloomberg contributed to his campaign were bona fide contributions given for the purpose of winning the presidential election .
The law might treat this transfer of funds differently if Mr. Bloomberg had merely passed funds through his campaign committee for the purpose of evading his personal contribution @ @ @ @ @ @ @ Arnold , executive director of the Foundation for Accountability and Civic Trust , said Bloomberg 's transfer violates the intent of campaign finance laws .
`` The logic behind the unlimited transfer from a campaign to a national party committee is that a campaign raised the funds in compliance with the federal legal limits , namely the $ 2,800 individual donation , '' Arnold told the Free Beacon .
`` But in the case of a self-funded campaign , a candidate could simply use their campaign as an intermediary to make a massive @ @ @ @ @ @ @ .
In this case , an $ 18 million contribution is extremely far afield from the intention of the law . ''
The $ 18 million injection will benefit the DNC 's battleground states program and follows years of financial troubles for the party .
In addition to being routinely outraised by the Republican National Committee , the DNC reported more than $ 6 million in debts in its February monthly report released on Friday .
Bloomberg 's transfer is twice the amount the committee raised in its best fundraising month this cycle @ @ @ @ @ @ @ to form a super PAC in support of the Democratic nominee .
`` While we considered creating our own independent entity to support the nominee and hold the president accountable , this race is too important to have many competing groups with good intentions but that are not coordinated and united in strategy and execution , '' the billionaire 's campaign said on Friday .
The RNC pounced on Bloomberg 's transfer to the DNC .
`` In transferring $ 18 million of his own money ( reminder he did n't take any @ @ @ @ @ @ @ funneling almost $ 17.7 million more than the legal limit to the DNC , a clear violation of the spirit of campaign finance law , '' said RNC rapid response director Steve Guest .
Following a dismal showing on Super Tuesday , Bloomberg suspended his campaign on March 4 .
He began dismissing staffers across the country , beginning with those in non-battleground states .
Now he 's laying off staffers in battleground states and encouraging them to find employment with the DNC .
The multibillionaire had promised staffers employment on `` Team @ @ @ @ @ @ @ he did n't win the Democratic nomination .
Bloomberg offered aides unusually high pay to lure them to his campaign , which did n't launch until November 2019 .
He paid state field organizers $ 6,000 a month—nearly double the amount offered by some of his primary rivals—and offered comprehensive health benefits and perks like laptops and iPhones .
Even if the DNC hires the staffers , it is unlikely to pay nearly as much .
Politico reported dozens of laid-off staffers at Bloomberg 's New York office have been informed they were @ @ @ @ @ @ @ their health insurance from the job on March 31 .
Despite not launching his campaign until months after his opponents , Bloomberg 's more than $ 500 million in advertising spending made him a major player in the Democratic race .
The billionaire achieved top-three polling finishes by January and participated in two primary debates , even while not appearing on the ballot in the first four primary and caucus contests .
His Super Tuesday-focused campaign was overcome by a late surge by Joe Biden , however , whom Bloomberg endorsed the day @ @ @ @

Michael Bloomberg announced he will transfer $18 million from his failed presidential campaign to the Democratic National Committee—a move experts say exploits a loophole in campaign finance laws.
Individual donations to the DNC are capped at $35,500, and donations to its convention, legal proceedings, and building funds are capped at $106,500 each. But Bloomberg, by pouring nearly a billion dollars of his own fortune into his presidential efforts, found a way to bypass those restrictions. The massive contribution to the DNC will not flow directly from Bloomberg himself but from his largely self-funded campaign. Campaigns can make unlimited transfers to other committees.
Experts are assailing the move, which they say allows Bloomberg to bypass individual donor limits. "Incredible. Candidates may transfer leftover campaign funds to the party, but I don't believe that loophole has ever been exploited in this way and to this degree," said Brendan Fischer, program director at the Campaign Legal Center. "It guarantees that Bloomberg will retain enormous influence over the Democratic Party."
Lee Goodman, former chairman of the Federal Election Commission, referred to the multimillion-dollar transfer as a "legal two-step."
"Although the funds originated with Mr. Bloomberg, the contribution from the Bloomberg campaign to the party is a legal two-step," Goodman told the Washington Free Beacon. "It helps that the funds Mr. Bloomberg contributed to his campaign were bona fide contributions given for the purpose of winning the presidential election. The law might treat this transfer of funds differently if Mr. Bloomberg had merely passed funds through his campaign committee for the purpose of evading his personal contribution limits to the party."
Kendra Arnold, executive director of the Foundation for Accountability and Civic Trust, said Bloomberg's transfer violates the intent of campaign finance laws.
"The logic behind the unlimited transfer from a campaign to a national party committee is that a campaign raised the funds in compliance with the federal legal limits, namely the $2,800 individual donation," Arnold told the Free Beacon. "But in the case of a self-funded campaign, a candidate could simply use their campaign as an intermediary to make a massive contribution in excess of the individual limit. In this case, an $18 million contribution is extremely far afield from the intention of the law."
The $18 million injection will benefit the DNC's battleground states program and follows years of financial troubles for the party. In addition to being routinely outraised by the Republican National Committee, the DNC reported more than $6 million in debts in its February monthly report released on Friday. Bloomberg's transfer is twice the amount the committee raised in its best fundraising month this cycle.
Bloomberg also decided to forgo plans to form a super PAC in support of the Democratic nominee.
"While we considered creating our own independent entity to support the nominee and hold the president accountable, this race is too important to have many competing groups with good intentions but that are not coordinated and united in strategy and execution," the billionaire's campaign said on Friday.
The RNC pounced on Bloomberg's transfer to the DNC.
"In transferring $18 million of his own money (reminder he didn't take any donations), [Bloomberg] is funneling almost $17.7 million more than the legal limit to the DNC, a clear violation of the spirit of campaign finance law," said RNC rapid response director Steve Guest.
Following a dismal showing on Super Tuesday, Bloomberg suspended his campaign on March 4. He began dismissing staffers across the country, beginning with those in non-battleground states. Now he's laying off staffers in battleground states and encouraging them to find employment with the DNC.
The multibillionaire had promised staffers employment on "Team Bloomberg" through November, even if he didn't win the Democratic nomination. Bloomberg offered aides unusually high pay to lure them to his campaign, which didn't launch until November 2019. He paid state field organizers $6,000 a month—nearly double the amount offered by some of his primary rivals—and offered comprehensive health benefits and perks like laptops and iPhones. Even if the DNC hires the staffers, it is unlikely to pay nearly as much.
Politico reported dozens of laid-off staffers at Bloomberg's New York office have been informed they were exposed to coronavirus. They will lose their health insurance from the job on March 31.
Despite not launching his campaign until months after his opponents, Bloomberg's more than $500 million in advertising spending made him a major player in the Democratic race. The billionaire achieved top-three polling finishes by January and participated in two primary debates, even while not appearing on the ballot in the first four primary and caucus contests. His Super Tuesday-focused campaign was overcome by a late surge by Joe Biden, however, whom Bloomberg endorsed the day he dropped out.


freebeacon--2020-03-23--Supreme Court Hands Down First Remote Opinions Since Bush v. Gore

The Supreme Court handed down opinions remotely on Monday , marking the first time since Bush v. Gore that the justices issued rulings without reading decisions from bench during an official public session .
Much of the high court ’ s business is continuing as normal despite the coronavirus pandemic .
However , the justices suspended their next round of arguments on March 16 , while the Court itself is closed to visitors .
The coronavirus pandemic has subsumed the other branches of government .
The Senate on Friday failed to pass a $ 1.8 billion trillion stimulus package to @ @ @ @ @ @ @ economic prospects .
The White House is similarly scrambling to manage the social fallout of a public health crisis that shows no signs of abating .
Yet the official business of the Supreme Court has a sense of normalcy about it .
Much of the justices ’ day-to-day work can be done remotely , and the Court looks poised to continue digital release of its decisions .
A Court spokeswoman said Monday that Chief Justice John Roberts presided over a regular Friday meeting from the Court , while the other justices dialed in @ @ @ @ @ @ @ of affairs can last is unclear .
High-profile matters from the canceled March sitting , including three disputes over subpoenas for President Donald Trump ’ s financial records , have not yet been rescheduled .
The Court has not yet canceled its April argument session , which begins April 20 , but the advanced age of many justices dictates extreme caution .
Six members of the Court are over the age of 65 , and two are at least 80 years old , leaving them at high risk of serious infection .
Monday @ @ @ @ @ @ @ dispute between Comcast and black business magnate Byron Allen , as well as a Kansas law that abolished the traditional insanity defense .
A third ruling involved Blackbeard ’ s pirate ship , the Queen Anne ’ s Revenge , which ran aground in North Carolina in 1718 .
In Allen ’ s case , No .
18-1171 Comcast Corp. v. National Association of African-American Owned Media , the Court unanimously held that plaintiffs need to pass a strict test to proceed with racial bias lawsuits .
The case arose when Allen ’ @ @ @ @ @ @ @ and Comcast failed to come to terms on an agreement to broadcast ESN content .
ESN sued under a civil rights law , section 1981 , that bans discrimination in contracts .
The plaintiffs sought billions in damages , alleging Comcast discriminates against black-owned media companies .
The question was what kind of showing ESN had to make to proceed with its lawsuit .
The Ninth Circuit said the lawsuit could go forward , ruling the company need only say race was a factor in Comcast ’ s decision making .
In Monday @ @ @ @ @ @ @ said the test is more demanding—ESN must claim race was the determinative cause of Comcast ’ s decision .
In legal terms , this is called `` but-for causation . ''
Justice Neil Gorsuch delivered the opinion for a unanimous Court .
In a separate opinion , Justice Ruth Bader Ginsburg criticized positions Comcast and the Trump administration advanced in the case .
Comcast and the government said section 1981 `` covers only the final decision whether to enter a contract '' and not earlier stages of the negotiation process .
ESN ’ @ @ @ @ @ @ @ court for further proceedings .
Speaking after Monday ’ s decision , progressive cause lawyers accused the Court of undermining a premier civil rights statute .
`` The Reconstruction Congress recognized that African-American people must be placed on an equal footing with white people in their ability to access economic opportunity , '' said NAACP Legal Defense Fund president Sherrilyn Ifill .
`` Today , the Supreme Court undermined that important commitment , ruling that a defendant may escape liability even if racial discrimination played a role in its decision , and places @ @ @ @ @ @ @ the very outset of their litigation . ''
Another decision , No 18-6135 Kahler v. Kansas , involved the Constitution and the insanity defense .
The issue was whether the Constitution requires the states to adopt a traditional form of the insanity defense , in which a defendant is not culpable for his crimes if he could not tell the difference between right and wrong due to mental illness .
Defendant James Kraig Kahler murdered his wife , their two daughters , and his mother-in-law over the Thanksgiving holiday in 2009 .
At @ @ @ @ @ @ @ traditional insanity defense and argue he had no moral capacity to judge right from wrong because of clinical depression .
Kansas does not allow that kind of insanity defense .
Instead , defendants can argue they didn ’ t form the intent necessary to commit a crime due to mental illness .
Writing for the majority , Justice Elena Kagan said the Constitution does not require a specific test of insanity .
She also noted the state takes mental health into consideration during sentencing , allowing for reduced jail time or commitment to @ @ @ @ @ @ @ s five conservatives joined Kagan ’ s opinion .
`` That choice is for Kansas to make—and , if it wishes , to remake and remake again as the future unfolds , '' Kagan wrote .
`` No insanity rule in this country ’ s heritage or history was ever so settled as to tie a state ’ s hands centuries later . ''
In dissent , Justice Stephen Breyer laid out two scenarios .
In the first , a man kills a person he thought was a dog due to mental illness @ @ @ @ @ @ @ ill man kills another person believing a dog ordered him to do so .
In Kansas , Breyer said , the first man would be acquitted and the second convicted , even though both are mentally ill .
Justices Ruth Bader Ginsburg and Sonia Sotomayor joined Breyer ’ s dissent .
Kansas ’ s law will result in the conviction of `` a broad swath of defendants who are obviously insane and would be adjudged not guilty under any traditional form of the defense , '' Breyer wrote .
Kagan delivered a second @ @ @ @ @ @ @ 18-877 Allen v. Cooper , which involved copyrights and the pirate Blackbeard .
The flagship of Blackbeard ’ s pirate fleet , the Queen Anne ’ s Revenge , ran aground on a sandbar of the coast of North Carolina in 1717 .
An aquatic salvage company called Intersal Inc. located the wreck in 1996 .
The company hired videographer Frederick Allen to document its salvage activities .
Though Allen holds copyrights for his pictures and videos , officials in North Carolina repeatedly published his works without permission on state websites and in @ @ @ @ @ @ @ modern form of piracy , '' Kagan quipped .
Allen sued .
Though the Constitution shields the states from most lawsuits , Allen relied on a law Congress enacted in 1990 called the Copyright Remedy Clarification Act .
That legislation held the states can not invoke immunity in copyright infringement lawsuits .
The high court Monday said the CRCA is invalid , citing a precedent from 1999 .
However , the Court said Congress can have another run at adopting a law like the CRCA , provided it first identifies many instances of @ @ @ @ @ @ @ .
`` That kind of tailored statute can effectively stop states from behaving as copyright pirates , '' Kagan wrote .
`` Even while respecting constitutional limits , it can bring digital Blackbeards to justice . ''
The Court has not yet scheduled its next opinion day .

The Supreme Court handed down opinions remotely on Monday, marking the first time since Bush v. Gore that the justices issued rulings without reading decisions from the bench during an official public session.
Much of the High Court’s business is continuing as normal despite the coronavirus pandemic. The justices, however, suspended their next round of arguments on March 16, while the Court itself is closed to visitors.
The coronavirus pandemic has subsumed the other branches of government. The Senate on Friday failed to pass a $1.8 trillion stimulus package to bolster workers and business interests facing daunting economic prospects. The White House is similarly scrambling to manage the social fallout of a public health crisis that shows no signs of abating. Yet the official business of the Supreme Court has a sense of normalcy about it. Much of the justices’ day-to-day work can be done remotely, and the Court looks poised to continue digital release of its decisions. A Court spokeswoman said Monday that Chief Justice John Roberts presided over a regular Friday meeting from the Court, while the other justices dialed in by phone.
How long this state of affairs can last is unclear. High-profile matters from the canceled March sitting, including three disputes over subpoenas for President Donald Trump’s financial records, have not yet been rescheduled. The Court has not yet canceled its April argument session, which begins April 20, but the advanced age of many justices dictates extreme caution. Six members of the Court are over the age of 65, and two are at least 80 years old, leaving them at high risk of serious infection.
Monday’s cases included a civil rights dispute between Comcast and black business magnate Byron Allen, as well as a Kansas law that abolished the traditional insanity defense. A third ruling involved Blackbeard’s pirate ship, the Queen Anne’s Revenge, which ran aground in North Carolina in 1718.
Unanimous Court deals setback to black entrepreneur in business discrimination case
In Allen’s case, No. 18-1171 Comcast Corp. v. National Association of African-American Owned Media, the Court unanimously held that plaintiffs need to pass a strict test to proceed with racial bias lawsuits. The case arose when Allen’s Entertainment Studios Networks (ESN) and Comcast failed to come to terms on an agreement to broadcast ESN content. ESN sued under a civil rights law, section 1981, that bans discrimination in contracts. The plaintiffs sought billions in damages, alleging Comcast discriminates against black-owned media companies.
The question was what kind of showing ESN had to make to proceed with its lawsuit. The Ninth Circuit said the lawsuit could go forward, ruling the company need only say race was a factor in Comcast’s decision making. In Monday’s decision, the Supreme Court said the test is more demanding—ESN must claim race was the determinative cause of Comcast’s decision. In legal terms, this is called "but-for causation."
Justice Neil Gorsuch delivered the opinion for a unanimous Court. In a separate opinion, Justice Ruth Bader Ginsburg criticized positions Comcast and the Trump administration advanced in the case. Comcast and the government said section 1981 "covers only the final decision whether to enter a contract" and not earlier stages of the negotiation process. ESN’s case will return to a lower court for further proceedings.
Speaking after Monday’s decision, progressive cause lawyers accused the Court of undermining a premier civil rights statute.
"The Reconstruction Congress recognized that African-American people must be placed on an equal footing with white people in their ability to access economic opportunity," said NAACP Legal Defense Fund president Sherrilyn Ifill. "Today, the Supreme Court undermined that important commitment, ruling that a defendant may escape liability even if racial discrimination played a role in its decision, and places instead an additional burden on plaintiffs at the very outset of their litigation."
States have leeway to define insanity defense, Court rules
Another decision, No 18-6135 Kahler v. Kansas, involved the Constitution and the insanity defense. The issue was whether the Constitution requires the states to adopt a traditional form of the insanity defense, in which a defendant is not culpable for his crimes if he could not tell the difference between right and wrong due to mental illness.
Defendant James Kraig Kahler murdered his wife, their two daughters, and his mother-in-law over the Thanksgiving holiday in 2009. At trial, Kahler wanted to raise the traditional insanity defense and argue he had no moral capacity to judge right from wrong because of clinical depression.
Kansas does not allow that kind of insanity defense. Instead, defendants can argue they didn’t form the intent necessary to commit a crime due to mental illness.
Writing for the majority, Justice Elena Kagan said the Constitution does not require a specific test of insanity. She also noted the state takes mental health into consideration during sentencing, allowing for reduced jail time or commitment to a medical facility. The Court’s five conservatives joined Kagan’s opinion.
"That choice is for Kansas to make—and, if it wishes, to remake and remake again as the future unfolds," Kagan wrote. "No insanity rule in this country’s heritage or history was ever so settled as to tie a state’s hands centuries later."
In dissent, Justice Stephen Breyer laid out two scenarios. In the first, a man kills a person he thought was a dog due to mental illness. In the second, one mentally ill man kills another person believing a dog ordered him to do so. In Kansas, Breyer said, the first man would be acquitted and the second convicted, even though both are mentally ill. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined Breyer’s dissent.
Kansas’s law will result in the conviction of "a broad swath of defendants who are obviously insane and would be adjudged not guilty under any traditional form of the defense," Breyer wrote.
State pirates copyrights of Blackbeard’s shipwreck
Kagan delivered a second majority opinion on Monday in No. 18-877 Allen v. Cooper, which involved copyrights and the pirate Blackbeard. The flagship of Blackbeard’s pirate fleet, the Queen Anne’s Revenge, ran aground on a sandbar off the coast of North Carolina in 1717. An aquatic salvage company called Intersal Inc. located the wreck in 1996. The company hired videographer Frederick Allen to document its salvage activities.
Though Allen holds copyrights for his pictures and videos, officials in North Carolina repeatedly published his works without permission on state websites and in state newsletters. "Call it a modern form of piracy," Kagan quipped.
Allen sued. Though the Constitution shields the states from most lawsuits, Allen relied on a law Congress enacted in 1990 called the Copyright Remedy Clarification Act. That legislation held the states cannot invoke immunity in copyright infringement lawsuits.
The High Court Monday said the CRCA is invalid, citing a precedent from 1999. The Court, however, said Congress can have another run at adopting a law like the CRCA, provided it first identifies many instances of states violating copyright protections without compensating victims.
"That kind of tailored statute can effectively stop states from behaving as copyright pirates," Kagan wrote. "Even while respecting constitutional limits, it can bring digital Blackbeards to justice."
The Court has not yet scheduled its next opinion day.


freebeacon--2020-03-23--Pennsylvania Supreme Court Greenlights Mandatory Gun Store Closures

The Pennsylvania Supreme Court on Sunday night denied an emergency request that would have blocked a gubernatorial order mandating the closure of gun retailers in response to the novel coronavirus .
The order to shut down gun stores was part of a larger plan set forth by the state 's Democratic governor , Tom Wolf , mandating the closure of businesses not deemed `` life-sustaining . ''
Gun-rights advocates asked the state 's Supreme Court to block the order as it applied to gun retailers , but the seven-member court denied the request .
The court 's decision comes as @ @ @ @ @ @ @ gun stores .
Industry officials said sales had spiked as much as 300 percent last week due to concerns of relaxed law enforcement during the outbreak and some retailers even reported running out of stock—at least temporarily .
While the first states to implement aggressive shutdown measures have split on whether they would include gun stores , the country 's top gun-rights groups have threatened more legal action .
The governor 's order went into effect on Monday as a result of the court 's decision .
It is unclear how long the @ @ @ @ @ @ @ a dissent joined by two other justices , Justice David Wecht said the order , as written , represented an `` impermissible intrusion upon a fundamental constitutional right , '' pointing to other industries that have been exempted from the shutdown .
Wecht said Wolf 's order should be amended to accommodate the constitutionally protected firearms industry in the same way the governor has accommodated the restaurant industry .
`` In my view , it is incumbent upon the Governor to make some manner of allowance for our citizens to continue to exercise @ @ @ @ @ @ @ , arguing gun stores could be permitted to operate on a limited basis .
`` Such an accommodation may be effectuated while preserving sensible restrictions designed to slow the spread of COVID-19 , but nonetheless provide a legal avenue for the purchase and sale of firearms , thus avoiding an impermissible intrusion upon a fundamental constitutional right . ''
The majority is not required to explain its denial and did not provide its reasoning in this case .
Adam Kraut , a lawyer representing the plaintiffs in the case and the director of @ @ @ @ @ @ @ , said he was unhappy with the court 's decision .
`` I am disappointed the Pennsylvania Supreme Court declined an opportunity to protect the fundamental rights of all Pennsylvanians during this time of uncertainty , when many are deciding that the ability to defends one 's home and family is more necessary than ever , '' he told the Washington Free Beacon .
`` The Governor 's Order amounts to an absolute and indefinite prohibition on the acquisition of firearms by citizens of the Commonwealth .
Such a prohibition can not withstand @ @ @ @ @ @ @ core of the Second Amendment . ''
Kraut said gun stores are vital to the ability of Pennsylvanians to exercise their rights because retail buyers must physically pick up firearms purchased from licensed gun dealers in person , even if they have purchased the weapon from an online retailer .
`` Pennsylvanians can not simply order a firearm online and enjoy home delivery , or curbside service , as many first-time gun buyers are finding out .
Their politicians have been lying to them , '' he said .
The plaintiff 's case @ @ @ @ @ @ @ qualified as a disaster under Pennsylvania law and , if it did , whether using the law to close gun stores violated both state and federal constitutional protections .
Gov .
Wolf argued that he does have the power to close gun stores on an emergency basis and the order `` does not abridge the right to bear arms '' because `` it merely suspends—temporarily—a variety of stores from acting as centers of contagion . ''
States operating under shutdown orders have split on whether or not the restrictions apply to gun stores @ @ @ @ @ @ @ gun stores have been allowed to stay open .
In California and New Jersey , they have been ordered to close .
On Monday , the Second Amendment Foundation and the New Jersey Second Amendment Society filed suit against that state 's ban .
`` In order for New Jersey residents to purchase firearms they must go through a licensed firearms retailer and pass a background check , '' Alan Gottlieb , the foundation 's founder , said in a statement .
`` However , [ Democratic governor Phil ] Murphy 's order @ @ @ @ @ @ @ on the State Police website that the agency is no longer conducting background checks .
Gov .
Murphy can not simply suspend the Second Amendment . ''
The National Rifle Association and National Shooting Sports Foundation have also threatened to file suit over gun-store closures .
Plaintiffs in the Pennsylvania case are now considering what to do next , which could include an emergency appeal to the United States Supreme Court .
`` We 're evaluating our options , '' Kraut said .

The Pennsylvania Supreme Court on Sunday night denied an emergency request that would have blocked a gubernatorial order mandating the closure of gun retailers in response to the novel coronavirus.
The order to shut down gun stores was part of a larger plan set forth by the state's Democratic governor, Tom Wolf, mandating the closure of businesses not deemed "life-sustaining." Gun-rights advocates asked the state's Supreme Court to block the order as it applied to gun retailers, but the seven-member court denied the request.
The court's decision comes as Pennsylvanians and Americans more broadly have flooded gun stores. Industry officials said sales had spiked as much as 300 percent last week due to concerns of relaxed law enforcement during the outbreak and some retailers even reported running out of stock—at least temporarily. While the first states to implement aggressive shutdown measures have split on whether they would include gun stores, the country's top gun-rights groups have threatened more legal action.
The governor's order went into effect on Monday as a result of the court's decision. It is unclear how long the order will remain in place.
In a dissent joined by two other justices, Justice David Wecht said the order, as written, represented an "impermissible intrusion upon a fundamental constitutional right," pointing to other industries that have been exempted from the shutdown. Wecht said Wolf's order should be amended to accommodate the constitutionally protected firearms industry in the same way the governor has accommodated the restaurant industry.
"In my view, it is incumbent upon the Governor to make some manner of allowance for our citizens to continue to exercise this constitutional right," Wecht said, arguing gun stores could be permitted to operate on a limited basis. "Such an accommodation may be effectuated while preserving sensible restrictions designed to slow the spread of COVID-19, but nonetheless provide a legal avenue for the purchase and sale of firearms, thus avoiding an impermissible intrusion upon a fundamental constitutional right."
The majority is not required to explain its denial and did not provide its reasoning in this case.
Adam Kraut, a lawyer representing the plaintiffs in the case and the director of legal strategy for the Firearms Policy Coalition, said he was unhappy with the court's decision.
"I am disappointed the Pennsylvania Supreme Court declined an opportunity to protect the fundamental rights of all Pennsylvanians during this time of uncertainty, when many are deciding that the ability to defends one's home and family is more necessary than ever," he told the Washington Free Beacon. "The Governor's Order amounts to an absolute and indefinite prohibition on the acquisition of firearms by citizens of the Commonwealth. Such a prohibition cannot withstand constitutional scrutiny and directly infringes upon the core of the Second Amendment."
Kraut said gun stores are vital to the ability of Pennsylvanians to exercise their rights because retail buyers must physically pick up firearms purchased from licensed gun dealers in person, even if they have purchased the weapon from an online retailer.
"Pennsylvanians cannot simply order a firearm online and enjoy home delivery, or curbside service, as many first-time gun buyers are finding out. Their politicians have been lying to them," he said.
The plaintiff's case centered around whether or not the pandemic qualified as a disaster under Pennsylvania law and, if it did, whether using the law to close gun stores violated both state and federal constitutional protections. Gov. Wolf argued that he does have the power to close gun stores on an emergency basis and the order "does not abridge the right to bear arms" because "it merely suspends—temporarily—a variety of stores from acting as centers of contagion."
States operating under shutdown orders have split on whether or not the restrictions apply to gun stores. In Illinois, for example, gun stores have been allowed to stay open. In California and New Jersey, they have been ordered to close.
On Monday, the Second Amendment Foundation and the New Jersey Second Amendment Society filed suit against that state's ban.
"In order for New Jersey residents to purchase firearms they must go through a licensed firearms retailer and pass a background check," Alan Gottlieb, the Second Amendment Foundation's founder, said in a statement. "However, [Democratic governor Phil] Murphy's order was subsequently followed by a notice posted on the State Police website that the agency is no longer conducting background checks. Gov. Murphy cannot simply suspend the Second Amendment."
The National Rifle Association and National Shooting Sports Foundation have also threatened to file suit over gun-store closures.
Plaintiffs in the Pennsylvania case are now considering what to do next, which could include an emergency appeal to the United States Supreme Court.
"We're evaluating our options," Kraut said.