Margaret Russell spoke with KPIX-TV news about the Ninth Circuit Court allowing Santa Clara County’s order banning indoor gatherings to stand in the wake of the Supreme Court striking down California’s ban on indoor church services to stop the spread of COVID-19 as a violation of religious freedom.
Margaret Russell, a professor of constitutional law at Santa Clara University, said the Santa Clara county health order is stronger than the California order because it doesn’t include any language about places of worship or religious services.
“The Santa Clara law, arguably, is constitutional,” Russell said. “Santa Clara county has articulated it as this is a public health concern, and we can’t make exemptions that will damage public health. So if it’s seen as that, I think Santa Clara county has a good defense.”
