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SCOTUS Blocks Gov Cuomo's COVID Restrictions on NY Churches & Synagogues

Justice Amy Coney Barrett tips majority to shut down draconian order in New York

 on 26th November 2020 @ 12.00pm
the supreme court shut down gov  cuomo s restrictions on churches  with justice amy coney barrett in the majority © press
The Supreme Court shut down Gov. Cuomo's restrictions on churches, with Justice Amy Coney Barrett in the majority

New York Governor Andrew Cuomo's draconian COVID-19 restrictions on churches and synagogues have been blocked by the Supreme Court.

In a decision that went late into the holiday weekend, the SCOTUS ruled in favor of New York Roman Catholic and Orthodox Jewish groups that sued over the limited religious service attendance rules.

The justices split 5-4 with new Justice Amy Coney Barrett tipping the balance in the majority.

It was conservative Justice Barrett’s first publicly discernible vote on the Supreme Court.

Chief Justice John Roberts and the court’s three liberal justices dissented.

The court’s action Wednesday could push New York's Democrat governor to reevaluate his restrictions on houses of worship in the state.

justice amy coney barrett tipped the majority on the vote © press
Justice Amy Coney Barrett tipped the majority on the vote

The justices acted on an emergency basis, temporarily barring New York from enforcing the restrictions against the groups while their lawsuits continue, according to Yahoo.

In an unsigned opinion, the court said the restrictions “single out houses of worship for especially harsh treatment.”

"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,” the opinion said.

"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."

The opinion noted that in red zones, while a synagogue or church cannot admit more than 10 people, businesses deemed “essential,” from grocery stores to pet shops, can remain open without capacity limits.

And in orange zones, while synagogues and churches are capped at 25 people, “even non-essential businesses may decide for themselves how many persons to admit.”

Roberts, in dissent, wrote that there was “simply no need” for the court's action.

"None of the houses of worship identified in the applications is now subject to any fixed numerical restrictions,” he said, adding that New York's 10 and 25 person caps “do seem unduly restrictive."

"The Governor might reinstate the restrictions. But he also might not," he wrote.

"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."

Roberts and four other justices wrote separately to explain their views. Barrett did not.

The court’s action was a victory for the Roman Catholic Church and Orthodox Jewish synagogues that had sued to challenge state restrictions announced by Gov. Andrew Cuomo on Oct. 6.

The Diocese of Brooklyn, which covers Brooklyn and Queens, argued houses of worship were being unfairly singled out by the governor’s executive order.

The diocese argued it had previously operated safely by capping attendance at 25% of a building’s capacity and taking other measures.

Parts of Brooklyn and Queens are now in yellow zones where attendance at houses of worship is capped at 50% of a building’s capacity, but the church is keeping attendance lower.

“We are extremely grateful that the Supreme Court has acted so swiftly and decisively to protect one of our most fundamental constitutional rights — the free exercise of religion,” said Randy Mastro, an attorney for the diocese, in a statement.

democrat gov  andrew cuomo has placed strict restrictions on the state © press
Democrat Gov. Andrew Cuomo has placed strict restrictions on the state

Avi Schick, an attorney for Agudath Israel of America, wrote in an email: “This is an historic victory.

"This landmark decision will ensure that religious practices and religious institutions will be protected from government edicts that do not treat religion with the respect demanded by the Constitution."

Two lower courts had sided with New York in allowing the restrictions to remain in place.

New York had argued that religious gatherings were being treated less restrictively than secular gatherings that carried the same infection risk, like concerts and theatrical performances.

An email sent early Thursday by The Associated Press to the governor's office seeking comment was not immediately returned.

There are currently several areas in New York designated orange zones but no red zones, according to a state website that tracks areas designated as hot spots.

[RELATED] There's a Skeleton Lurking in Cuomo's Closet: Trump Finds it, Exposes it on Live TV

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tags: lockdown | New York
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