Jump to content
THE BROWNS BOARD

Supreme Court knocks down Cuomo's religious service restrictions as Barrett joins 5-4 decision


Vambo

Recommended Posts

3 hours ago, Axe said:

I see Benedict Roberts went with the libs.

He did dissent, but not for the reason you may be thinking:

 CHIEF  JUSTICE  ROBERTS, dissenting:

"I would not grant  injunctive relief under the  present circumstances.  There is simply no need to do so.  After  the Diocese and Agudath  Israel filed their applications, the Governor revised the designations of the affected areas. None of the  houses  of worship identified in  the  applications is now subject to any  fixed numerical restrictions.  At  these locations, the applicants can hold  services with up to 50% of capacity,  which is at  least as favorable as the relief they currently seek. Numerical capacity limits of 10 and  25 people, depending on the applicable zone,  do seem unduly restrictive.  And  it may well be that such restrictions  violate the  Free Exercise Clause.  It is not necessary, however, for us to rule on that serious and  difficult question at this time.  The Governor might reinstate the restrictions.  But he also might not. And it is a  significant matter  to override  determinations made by public health officials concerning what is necessary for public safety in the midst  of a deadly pandemic.  If the Governor does reinstate the numerical restrictions the applicants  can return  to this Court, and  we could act quickly on their renewed applications.  As things now stand, however, the applicants have not demonstrated their entitlement  to “the extraordinary  remedy of  injunction.”

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...