In a 5-4 ruling, Supreme Court sides with religious groups in a dispute over Covid-19 restrictions i

[Sgent]

Source: CNN

In a 5-4 ruling, the Supreme Court sided with religious organizations in a dispute over Covid-19 restrictions put in place by New York Gov. Andrew Cuomo that limited attendance at religious services.

The case is the latest pitting religious groups against city and state officials seeking to stop the spread of Covid-19 and highlights the impact of Justice Amy Coney Barrett on the Court. It comes as Covid-19 related cases are spiking across the country.

In the late-night ruling, Barrett sided with the conservatives in the dispute, while Chief Justice John Roberts joined the three liberal justices in dissent. The ruling underscores Barrett's impact on the bench, reflecting the Court's rightward shift.

Last spring and summer, when Justice Ruth Bader Ginsburg was still alive, the court split 5-4 on similar cases, with Roberts and the liberals in the majority siding against houses of worship. Barrett was confirmed in October to take Ginsburg's seat.



Read more: https://www.msn.com/en-us/news/us/in-a-5-4-ruling-supreme-court-sides-with-religious-groups-in-a-dispute-over-covid-19-restrictions-in-new-york/ar-BB1bnfQq?ocid=entnewsntp

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No analysis out yet, although the ruling can be found: https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf

[elleng]

1. DAMN!

What about LIFE, liberty and the pursuit of happiness; The public WELFARE.

More to come, but: The application for injunctive relief presented to JUSTICE
BREYER and by him referred to the Court is granted. Respondent is enjoined from enforcing Executive Order
202.68’s 10- and 25-person occupancy limits on applicant
pending disposition of the appeal in the United States
Court of Appeals for the Second Circuit and disposition of
the petition for a writ of certiorari, if such writ is timely
sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event
the petition for a writ of certiorari is granted, the order shall
terminate upon the sending down of the judgment of this
Court.
* * * * * *
This emergency application and another, Agudath Israel
of America, et al. v. Cuomo, No. 20A90, present the same
issue, and this opinion addresses both cases.
Both applications seek relief from an Executive Order issued by the Governor of New York that imposes very severe
restrictions on attendance at religious services in areas
classified as “red” or “orange” zones. '>>>

Maybe it's 'Executive Order issued by the Governor of New York that imposes very severe
restrictions on attendance at religious services in areas' that got them.


NOTE: Catholics and Jews seeking the injunction.

[still_one]

31. and that it is certain Catholic and Jewish sects that are behind this injunction is not really a

surprise

Since the pandemic, along with certain evangelical groups, and others, have been ignoring best practices to mitigate the virus

[OldBaldy1701E]

50. It is funny you mention that

One thing that always makes me laugh is when have to hear some rethug quoting the Preamble. They loudly declare that 'WE THE PEOPLE IN ORDER TO FORM MORE PERFECT UNION ESTABLISH JUSTICE, INSURE DOMESTIC TRANQUILITY (which to them means suppress anyone not white and/or playing their game), PROVIDE FOR THE COMMON DEFENSE (they are really loud about this one), promote the general welfare, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY! If you will notice, the one about the general welfare is not in caps, because they really don't like that one. AT ALL. Hell, I have heard a few actually drop that part from their tirade.

[Blue Owl]

2. Something tells me ACB has a witch dunking tank in her back yard

[olegramps]

38. No. They burn them at the stake to soaring hymns of praise.

It is estimated that over 300,000 witches were punished.

[Kablooie]

3. So if religious groups want to do something that kills people it's their right.

Will virgin sacrafice be legalized next?

Of course not, silly. Only judeochristian religions get these rights.

[Ponietz]

30. The irony is that the ruling amounts to human sacrifice

[yankeepants]

4. Attendees should be made to wear a scarlet "R"

in keeping with puritanical tradition so that everyone knows they should be avoided.

[OldBaldy1701E]

48. True...

but I would be happy if we could just get a few folks to get pics of every single person denying reality and then charge them with assault once they try to go into a location or business where there are other people present. A daunting task, but a completely legal one. If they are out in public, they have no right to deny their image being captured. And, posted on every single local community site so everyone knows who they are. This is getting very ridiculous. Time to fight fire with fire and expose these covidiots.

[pecosbob]

5. So let me get this straight...

they just ruled the government has no power to compel people to wear masks during a pandemic...then why can they compel me to wear pants?

[luvtheGWN]

54. Here in Ontario women can go topless

(you know, just like men can), but everyone must wear pants.

[IsItJustMe]

6. Not sure what this means.

I hope it don't mean that the gov't can not put any restrictions on church occupancy during a pandemic. If that is the case, this seems very extreme.

[elleng]

8. Ditto. This is ON APPLICATION FOR INJUNCTIVE RELIEF,

pending disposition of the appeal in the United States
Court of Appeals for the Second Circuit and disposition of
the petition for a writ of certiorari, if such writ is timely
sought.

MORE to follow. Language suggests the Court seeks/might seek, accept different terms, as the order refers to the matter thus: 'Executive Order issued by the Governor of New York that imposes very severe
restrictions on attendance at religious services.'

[TreasonousBastard]

13. The decision seems to say that the churches and synagogues under Cuomo's order were treated...

more harshly than other "essential" businesses, like tattoo parlors.

The entire issue became moot when Cuomo restated the areas as yellow, so the requirements were loosened. But, the court said should these areas head toward red again, the Guv could reinstate the order and the courts could look at it again with the new facts.

I was afraid that this ruling would allow religious organizations to defy building codes, child safety laws, or even criminal actions, but of course it wouldn't.

I remember when the Walgreens around here limited access, and some grocery stores, and Walmart and Target did the same. They no longer do, but restaurants have limited seating and nobody is allowed to have huge parties. I really don't see the houses of worship with much to complain about in these times, but our local vineyards and banquet halls are being killed by the dead wedding business. Store limits may be back yet.

As the covid cases are rising, if you have to limit attendees at funerals and viewings, nobody should complain about limited access.

[TreasonousBastard]

14. The decision seems to say that the churches and synagogues under Cuomo's order were treated...

more harshly than other "essential" businesses, like tattoo parlors.

The entire issue became moot when Cuomo restated the areas as yellow, so the requirements were loosened. But, the court said should these areas head toward red again, the Guv could reinstate the order and the courts could look at it again with the new facts.

I was afraid that this ruling would allow religious organizations to defy building codes, child safety laws, or even criminal actions, but of course it wouldn't.

I remember when the Walgreens around here limited access, and some grocery stores, and Walmart and Target did the same. They no longer do, but restaurants have limited seating and nobody is allowed to have huge parties. I really don't see the houses of worship with much to complain about in these times, but our local vineyards and banquet halls are being killed by the dead wedding business. Store limits may be back yet.

As the covid cases are rising, if you have to limit attendees at funerals and viewings, nobody should complain about limited access.

[elleng]

19. Yes, almost sounds rational, eh?

[TreasonousBastard]

21. Almost.

[ripcord]

75. Wouldn't this be easy to get around?

Just put the same restrictions on business and churches.

[dchill]

7. No longer any need for separation of church and state nonsense.

Just cut directly to a handmaid's tale.

[PoindexterOglethorpe]

9. But will those religious groups still be able to access

medical care when they get sick with Covid?

Really?

[fearnobush]

10. Perhaps Cuomo and other govs can impose mandatory quarantines for those

Who congregate in close religious quarters. I mean the spread and the kills could be epic.

[elleng]

11. It appears the Court is seeking something less 'severe.'

The order said 'Both applications seek relief from an Executive Order issued by the Governor of New York that imposes very severe
restrictions on attendance at religious services in areas classified as “red” or “orange” zones.'

NOTE, all, this order was issued PER CURIAM, cannot be attributed to any particular justice.

'Public interest. Finally, it has not been shown that granting the applications will harm the public. As noted, the
State has not claimed that attendance at the applicants’
services has resulted in the spread of the disease. And the
State has not shown that public health would be imperiled
if less restrictive measures were imposed.

Members of this Court are not public health experts, and
we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic,
the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from
attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty.'

[TreasonousBastard]

15. I just did a very quick read of the orders and dissents, but they seem to say that the orders...

for the religious organizations were heavier than for other group-- religions are apparently nonessential.

If the areas go back to orange, or worse, it will be interesting to see new orders, and how the courts view them.

[elleng]

18. Finally, it has not been shown that granting the applications will harm the public.

Public interest. As noted, the State has not claimed that attendance at the applicants’
services has resulted in the spread of the disease. And the
State has not shown that public health would be imperiled
if less restrictive measures were imposed.

Members of this Court are not public health experts, and
we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic,
the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from
attending religious services, strike at the very heart of the
First Amendment’s guarantee of religious liberty.'

[TreasonousBastard]

20. I read that, but how does that reasoning affect banquets, football games, and Thanksgiving dinner...

which have other 1st Amendment protections? Is not freedom of assembly as important as freedom of worship? Nobody's suing using that point.

While I don't think it's as horrible as some do, I see it with potential to be a nuisance and troublemaking. If they try this again if NYC turns red or maroon, it would be interesting to have Muslim and other plaintiffs in the mix. See how that goes.

[elleng]

22. Agudath Israel of America is included, not only ROMAN CATHOLIC DIOCESE OF BROOKLYN.

As to banquets etc, NOT effected.

[TreasonousBastard]

25. I am aware Agudath Israel was one of the complainants. And the banquet biz is affected...

restaurants (including wedding mills) are restricted to 25% of their rated capacity and home parties limited to 10 people. How they enforce the home limits is questionable.

[elleng]

26. Restaurants as such not related to First Amendment issues.

Enforcement overall is troublesome.

[Ziggysmom]

68. It's all about the money

The religious groups are seeing a drastic reduction in donations. They don’t care about their members health, only keeping the money flowing in.

[stopbush]

12. And once again, abject make believe wins out over science.

Religion is a scourge.

[joshcryer]

16. This SCOTUS has lost its mind.

[CalArkLiberal]

17. Fine! Then the Church should be sued...

if even one person dies or becomes disabled as a result of their flagrant defiance of public health! And The Supreme Court cannot protect the churches from lawsuits either. They can't have it both ways. Sue the ignorant churches into bankruptcy!

[BigmanPigman]

23. We must balance the court ASAP!

More justices, term limits, whatever. It has not represented all Americans equally for far too long.

[FBaggins]

37. How do you propose doing that?

Our majority (even if GA goes well) in both the House and Senate is too small to make such a change.

[mountain grammy]

59. That needs to be our ultimate goal..

like stacking the court with religious fanatics is the conservative goal. They got there, we can too. The point is we have to keep it in the minds of all 80 million and counting that voting in every election is critical. We're still the majority, lets not lose site of that.

I have new hope after the election. Not ready to have it beaten out of me yet. Happy Thanksgiving!

[FBaggins]

62. And if that ultimate goal keeps us from winning elections?

There's a reason that Biden didn't want to answer the question prior to the election and why Ossoff and Warnock avoid the question as well.

It's because they wouldn't win their elections if the voting public thought that "court packing" was their ultimate goal.

[mountain grammy]

67. Well sorry, I disgree.

The right talks about supressing votes, undoing same sex marriage, and the "rights of the unborn" and uses that agenda to pack the courts, while their real agenda is unregulated and unfettered capitalism. But 80 million Americans said NO to their radical politics. Shall we fearfully bury our heads because it will "keep us from winning elections?" We have to discuss what must to be done in America to balance our courts to advance equal justice, protection of minorities and separation of church and state.

We currently have a radical religious majority on the Supreme Court. I'm not saying we can undo that right away, but the majority of Americans are open to reforming the court. It will surely never happen if we DON'T talk about it. We didn't push the issue in 2016 after the radical republicans refused to hold confirmation hearings for a year.. how well did that work for us?

[Moostache]

24. The American Taliban has spoken...death cult in full effect...

Our SCOTUS is nothing more than the Ayatollahs or Imams now...sad, sad day for secular rule and many people will be infected and some will die as a result of this nonsense.

I will make the pastors all a deal...I will shut up about the evils of religion and the horrors of this decision IF and ONLY IF they agree to donate ALL church tithes and donations from the congregants to a local fund for hospital and health care workers to obtain additional PPE...what's that? "Hell No? you say?"

Yeah...THAT is what I THOUGHT...its not about saving souls, its about savings accounts and interest.

Jesus wept indeed...

[still_one]

27. This will be an opportunity for people to learn about natural selection, and not in a good way

It is called thining the herd

[RobinA]

80. My Thought Exactly

My sister knows somebody who attends one of these megachurches, or did before COVID, and according to this person all kinds of people who still attend are getting sick. First thing I thought was they'd be getting a science lesson. Eventually it will dawn on them.

[diva77]

28. Legalized human sacrifice within & outside the faith?

Is that what this decision means?

Perhaps those who ruled in favor should be known as the "Macabre 5"

[still_one]

29. The ones who think congregating in large groups is a "good thing", are most likely trumpers

[Op-ed Daily]

32. The Supreme Court is Now Filled with Activist Judges

Amy Coney Barrett actually upheld restrictions in another case, which I outline here: https://op-edaily.medium.com/the-supreme-court-is-now-filled-with-activist-judges-631efee38851

This is an absolute tragedy of justice and spits on nearly every precedent set by the SCOTUS of the past. What a disgrace to our court.

[dalton99a]

65. +1. Barrett is a rabid partisan and a despicable hypocrite

[bucolic_frolic]

33. The right to die from ignorance and stupidity is fully intact

Let the war of attrition begin.

[milestogo]

55. + a brazillion

[Illumination]

34. What kind of sane thinking is THIS? NONE! None @ all! Andrew will not be happy with this!

[beachbumbob]

35. this is no surprise with Barrett addition to the court but hey, some of the worshippers will be meet

their god sooner than later and spread the love to others. What could go wrong?

I say simple solution is to move all those who's behavior led them to get COVID and be sick simply be moved to the back of the line for healthcare serices when the time happens. Why should our healthcare system be assaulted by those who don;t care about themselves??


behavior has to have repercussions

[Trueblue Texan]

36. Maybe Covid is the vehicle through which they'll be raptured?

And I been a-prayin' for that Rapture! For YEARS! Come on, Lord! Take them! I'm ready! Take 'em all!

I know. That's not Christian, is it?

[Iliyah]

41. Fine, but COVID-19 . . .

doesn't discriminate. Religious persons may consider this a "victory" but alas, again, they have put others in harms way. Conclusion, I guess they feel that their GAWD is above everything, even the safety of others.

I call that selfish and self-centered. Older members of my family have always said "loving GOD is within the heart and soul and how you treat others" and buildings and gatherings can be wolf covered in a disguise.

Feelings for New York, it's about to get much worst because of this unholy decision.

[Trueblue Texan]

56. yep ..I couldn't agree more.

[Blues Heron]

39. Amy Covid Barrett lives up to her name

[Shermann]

40. So where is the Church of the Flying Spaghetti Monster on this?

This should open the door for Pastafarians to congregate in large numbers to worship at Italian restaurants.

[Trueblue Texan]

57. We are out to lunch on this one.

[oldsoftie]

42. Its very hard, Constitutionally, to limit freedom to worship.

Whether we like it or not.
The local church my mom used to go to, Catholic, has limited the number allowed inside, has blocked off many seats, installed speakers outside in the parking lot so you can listen from the car. I imagine they're not alone in such measures. The churches that refuse to do ANYTHING will regret choir practice.

[dem4decades]

43. So fire codes are out and armed parishioners are in? If they want to kill themselves so be it.

[gab13by13]

44. I agree with all of the above responses,

but I must say, I live in a rural area in central Pa. where the bishop has first of all, removed the mandate for going to Mass, made it not a sin to miss Mass. He then mandated that all of the hymnals be removed, all of the missalettes. No singing, no shaking of hands.
Our monsignor roped off pews to allow for social distancing, and masks are required.

I mean our diocese actually did its own restrictions which makes sense. I feel perfectly safe going to Mass under those conditions. If those restrictions had not been put in place I would not be attending Mass. Did I say I live in Trump country. It's awful but another reason I go to Mass is to look at Trumpers wearing masks who otherwise wouldn't. One or 2 pull them down over their noses but the vast majority toe the line.

Also, a big difference is that our infection rate is not as bad as most of the country, but it is increasing. Most local stores in my small town don't require masks so I knew it was coming.

Amy Coney Barrett is going to be our worst SC justice, a religious nut job.

[moreland01]

45. Then the churches

must have their own hospitals, nurses, doctors, etc. to care for their members who don't give a crap about anyone else but themselves.

[Blues Heron]

46. Jesus said beware of those who pray in public

cuz they spreadeth the virus to and fro, back and forth, hither and yon.

[C_U_L8R]

47. Any church that doesn't care for its congregation

Must be a pretty shitty selfish church.

[Gore1FL]

49. If there is a genetic pre-disposition to fanaticism, then let Darwin's will be done.

American religiosity has become a suicide cult.

[Tarc]

51. Christians wanna take each other out in a circular firing squad? I'm A-OK with that

We'll wear our masks and be fine.

[paleotn]

52. Well, here we go....

Constitution as suicide pact. Wonderful.

Well, that's what you get with magical thinking run amok.

[gab13by13]

53. When people in those NY churches start dying,

they can sing Janis Joplin's song, you know, "freedom's just another word for nothin' left to lose.

Those dead people who got their freedom now have nothin' left to lose.

[marble falls]

58. What about my religious rights to beat my wife and children?

[turbinetree]

60. It really time to expand the "courts"..........and "churches" should be taxed...........

and they have basically signed off letting death cults ruled over the good of having public safety be a non-priority and the separation of church and state is basically now BS in there collective minds ..............

[dalton99a]

66. +1

[infullview]

61. This is a clear violation of separation of church and state.

All things being equal, this ruling was put in place to limit gathering of all kinds regardless of what they were for. Now we have a supreme court ruling that this law is void because the gathering is religious in nature?

[llashram]

63. and here we are, literally

[CrispyQ]

64. When I was a kid the USA was one of the smart countries.

"As people do better, they start voting like Republicans - unless they have too much education and vote Democratic, which proves there can be too much of a good thing." ~Karl Rove

This is why they've attacked public education for the past 40 years.

[Roisin Ni Fiachra]

69. I stay from Republicans, and churchgoers.

They are the primary sources of Trump Virus transmission in the US.

[peggysue2]

70. Hope she enjoys the rising deaths with this decision

Sad that even the majority of SCOTUS justices deny science and medical expertise. Because . . . religion. What's next? A call on Covid vaccinations because fetal cells were used in their development?

The Dark Age is creeping closer!

[Javaman]

71. I'm okay with this.

If people are too fucking stupid to heed the warnings of this virus, then they deserve all the misery they get.

Like the old story of the guy sitting on his roof during a flood. He waves off the police the fire dept and a helicopter to save him saying, “god will provide”

Finally guy dies and says to god, “why didn’t you help me?”

god says, “I sent you the police, a fire truck and a helicopter. What else do you want?”

Here we are in a pandemic and these selfish assholes can’t do the very fucking minimal it takes to prevent the spread.

And if there is a “god”, it will no doubt say to them, “the fucking scientists told you what to do, what else do you want?”

[Marthe48]

72. about 50% of Americans attend church

I'm not one of them. And I won't be seeing anyone who does attend. Hell, I might never see them again.

This is going to be a really stupid Supreme Court. Hopefully not for long, but since at least 2 of the people should never have been appointed, any time is too long.

[kiranon]

73. 1st Amendment Right to Attend Supreme Court Hearings

The Supreme Court doesn't allow attendees and that should change if the full court decides that religious freedom allows attendees in church to exercise their 1st Amendment rights. What is good for the goose is good for the gander. This kind of thinking by the court may defeat most attempts to prevent the spread of Covid. I'm sure there is a religious group that must go to bars, etc.

[mahatmakanejeeves]

74. Cuomo also banned mass gatherings like concerts and comedy clubs, I believe.

Cuomo also banned mass gatherings like concerts and comedy clubs, I believe.

The distinction wasn’t secular/religious but clearly small/large. You’d have to be deliberately distorting it to miss the point this badly.

That’s the Trump Court, I guess. His legacy is marching on.

Link to tweet

[BlueWavePsych]

76. We need to win the GA Runoffs!!!!

Kick

[986racer]

77. Let's compare to 2nd amendment

How is this different than a 2nd amendment person saying that it is their right to shoot their guns into the air. By and large, those bullets will land safely and not kill anyone, but every now and then they will hit someone.

It seems to me to be the same basic argument that the court is making that it is ok to exercise your right as long as an "acceptable" number of people are affected by it.

[LiberalArkie]

78. Can the churches go back to burning "witches" and various things against local laws now?

[BlueIdaho]

79. Will they be using their churches as hospitals

To care for their covid patients? Seems only fair.

[cstanleytech]

81. This is why SCOTUS needs to be enlarged to either 13 or 15.