Eastern District of California Blog

All EDCA Courthouses Closed Monday, June 1, 2020

Chief Judge Kimberly J. Mueller issued an order today closing all EDCA courthouses tomorrow, June 1, 2020, as a safety precaution due to the protests over the George Floyd killing.  The Court staff is expected to continue to work remotely.  

RIP Judge John F. Moulds

We got the sad news today that retired EDCA court Magistrate Judge John F. Moulds passed away. After almost 20 years with California Rural Legal Assistance, Judge Moulds became the EDCA's second magistrate judge.  He was good-humored, compassionate, and I don't ever remember him raising his voice or losing his temper.  He'll be missed by all. 

Republicans Seek To Block California From Sending Vote-By-Mail Ballots to All Registered Voters

Yesterday, the Republican Party filed this EDCA lawsuit seeking to block California from sending vote-by-mail ballots to all registered voters for the November election due to the spread of COVID-19.  I expect this action will be assigned a district judge tomorrow, when the court reopens after the Memorial Day weekend.   Apparently, the less voting, the better for Republicans.

DOJ to Governor Newsom: Closing Churches Violates Religious Freedom, Call EDCA U.S. Attorney To Discuss

The U.S. Department of Justice sent this letter to Governor Newsom complaining that California's temporary closures to stop the spread of COVID-19 violate the Free Exercise Clause of the First Amendment by purportedly singling out religious gatherings for unequal treatment.  Although the letter lists all four California U.S. Attorneys, the letter ends by suggesting Governor Newsom call EDCA U.S. Attorney McGregor Scott to discuss the matter further.

See also CBS Sacramento, 5/20/20.

EDCA Court Rules CHP Can Temporarily Ban Protests At State Capital Given COVID-19 Pandemic

A federal judge has rejected a request that he scuttle the California Highway Patrol’s temporary ban on protests at the state Capitol, saying the state’s emergency powers during the coronavirus pandemic give it the authority to order a halt to such gatherings.

U.S. District Judge John A. Mendez issued the 24-page order Friday afternoon following two hours of argument a day earlier in federal court in Sacramento during which two Sacramento residents were seeking a temporary restraining order against the CHP’s protest ban.

Mendez cited a 1905 U.S. Supreme Court ruling that found “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

Sac Bee, 5/8/20

More Stories on COVID-19 in Sacramento County Jail and Other California Detention Centers

There are now 12 confirmed COVID-19 inmates at the Kern County Lerdo Detention Facility, including three federal inmates.  Following up on yesterday's post, here are a few more stories on COVID-19 in the Sacramento County jail and other California detention centers:

"Lack of Covid-19 testing in California Jails Sets up Perfect Storm' for Outbreak, Experts Warn,"Sacramento Bee, 5/8/20

"Former Sacramento County Inmate Tests Positive for COVID-19 on Day of Her Release," Fox40 News, 5/8/20

"Confirmed COVID-19 Case in Sac Jail; Court Filing Suggests Poor Inmate Conditions, Sickness," Davis Vanguard, 5/8/20

 

Sacramento County Jail Inmate Tests Postive for COVID-19

At an EDCA dispositional hearing this morning in case no. 2: 17-CR-0145-MCE, district judge Morrison C. England, Jr., confirmed that an inmate at the Sacramento County Jail has tested positive for COVID-19.  [7:53 p.m. Adding Sac Bee story].

EDCA Court Rejects Lodi Church's Request to Override California's Stay-at-Home Orders

A federal judge in Sacramento has rejected pleas that he issue a temporary restraining order against the state of California and local officials that would allow a Lodi church to restart in-person services despite the coronavirus pandemic.

In an order filed Tuesday morning [available here], U.S. District Judge John A. Mendez rejected the request from Cross Culture Christian Center that he override the state’s and San Joaquin County’s stay-at-home orders and allow the church to resume services following guidelines for social distancing.

“Over a hundred years ago, the Supreme Court upheld a state’s exercise of its general police powers to promote public safety during a public health crisis,” Mendez wrote in a 20-page order. “A state’s police power entails the authority ‘to enact quarantine laws and health laws of every description’ — even under normal circumstances.”

Sacramento Bee, 5/5/20