USAF veteran, lawyer, mother of 5 and former state auditor candidate Saundra McDowell, now running for Governor releases statement regarding MO stay-home order:
“I do not believe the recent state-wide stay-home order issued by Governor Parson is constitutional. I cannot therefore in good conscience stand-by as our sacred First Amendment rights are infringed upon.
Whist I believe the Governor’s intent is to safeguard the lives of Missourians, the order infringes upon our right to peacefully assemble as well as the free exercise of religion.
In order for the government to restrict our First Amendment freedoms, the state has to show a compelling state interest and the actions taken must be the least restrictive means necessary when put under the strict scrutiny test. I do not believe the state could pass this test as we’ve seen other states order less restrictive means and achieve the same or even better results.
Where the life, liberty, or property of any person is impaired, the government must afford substantive and procedural due process. Substantive due process, or the propriety of seeking to impair those rights, is questionable under the current circumstances.
While the CDC originally predicted that COVID-19 might kill as many as 1.7 million, that number has repeatedly been revised downward. Dr. Anthony Fauci, the government’s foremost infection disease expert, later predicted “that 100,000 and 200,000″ deaths could occur.” More recently Dr. Fauci has revised his estimate to 60,000. In a population of 350 million, 60,000 deaths present less than a .017% death rate due to COVID- 19.
In a country where almost 3 million persons die for any number of reasons each year, this death rate does not warrant trampling upon sacred constitutional rights. This is a violation of substantive due process, as the suspension of our rights afforded under the Constitutions, is in the name of a “circumstance” or “exigency” unintended by our founding fathers.
Given that the current prognosis is for a death toll lesser then many other diseases we already endure, how can our Governor justify infringing the inherent rights of our People to assemble, to worship, to travel, and to pursue happiness?”
