Judicial nominee justifies COVID discrimination against religious Americans

A Biden judicial nominee Wednesday tried to justify her past arguments that religious Americans are more at risk of catching COVID-19.

Loren AliKhan, Biden’s pick for federal district judge in Washington, DC, drew fire from the Senate Judiciary Committee Wednesday over legal arguments she made in 2020 to close places of worship. 

When DC Mayor Muriel Bowser ordered churches and synagogues closed while attending crowded George Floyd protests, she was sued by Capitol Hill Baptist Church for religious discrimination. AliKhan argued on behalf of Bowser that people in churches and synagogues were spreading COVID-19 more because they were singing. 

When pressed in Congress by Sen. Josh Hawley (R-MO) to defend her actions, AliKhan said she was only following orders.

“Do you think it’s wrong to discriminate on the basis of religious faith?” Hawley asked AliKhan.

“Absolutely,” she replied. 

“Then why did you argue that religious services, religious people pose a greater risk of infection than people gathered to argue for defunding the police?” said Hawley.

“I was representing my client,” AliKhan said, adding that “it was her role” to defend Bowser’s orders that “she thought were going to protect public health”.

“But why’d you make that argument? This is a strange argument to me, that religious people are somehow more infectious than folks who have other ideological positions. I don’t get it.”

“My understanding was the nature of singing and other things, epidemiologists thought could transmit COVID at a higher rate,” AliKhan answered.

“You offered no scientific evidence for it,” Hawley said. 

AliKhan tried to claim that “these were fast-moving cases and they weren’t going to full briefing with full summary judgment and a record”, but Hawley cut her off. The lawmaker reminded her that according to the district court, she had defended discrimination and offered no scientific evidence.

“You pressed these arguments over and over and over without any foundation,” Hawley concluded. “Frankly, I’m disappointed that you made those arguments, you can choose what arguments to make. . . . I’m disappointed that you’ve persisted in defending them here today and for that reason, among others, I will not support your nomination.”