The Briefing Room
General Category => National/Breaking News => SCOTUS News => Topic started by: Elderberry on November 26, 2020, 01:07:11 pm
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SCOTUSblog by Amy Howe 11/26/2020
The Supreme Court late Wednesday night granted requests from the Roman Catholic Diocese of Brooklyn and two Orthodox Jewish synagogues to block enforcement of a New York executive order restricting attendance at houses of worship. Both the diocese and the synagogues claimed that the executive order violated the right to the free exercise of religion guaranteed by the First Amendment, particularly when secular businesses in the area are allowed to remain open. Wednesday’s orders by a closely divided Supreme Court, which had turned down two similar requests over the summer by churches in California and Nevada, represented a clear rightward shift on the court since Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg, who died in September.
Five conservative justices – Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Barrett – sided with the religious groups and blocked the attendance limits. Chief Justice John Roberts, along with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissented.
New York Gov. Andrew Cuomo, a Democrat, issued the executive order at the center of both disputes in October. As part of the state’s effort to combat COVID-19, the executive order and an initiative that it implements identify clusters of COVID-19 cases and then take action to prevent the virus from spreading. An area immediately around a cluster is known as a “red†zone, where attendance at worship services is limited to 10 people. The area around a “red†zone is known as an “orange†zone; attendance at worship services there is limited to 25 people. “Yellow†zones surround “orange†zones; attendance there is limited to 50% of the building’s maximum capacity.
More: https://www.scotusblog.com/2020/11/justices-lift-new-yorks-covid-related-attendance-limits-on-worship-services/ (https://www.scotusblog.com/2020/11/justices-lift-new-yorks-covid-related-attendance-limits-on-worship-services/)
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Supreme Court Sides with Religious Groups Against Andrew Cuomo, 5-4
Joel B. Pollak 25 Nov 2020
The U.S. Supreme Court granted an injunction Wednesday evening against New York Gov. Andrew Cuomo’s restrictions on religious services in a 5-4 decision that saw Justice Amy Coney Barrett with the conservative majority — and Chief Justice John Roberts siding with the liberal minority.
The Court was responding to a request for an emergency injunction by the Roman Catholic Diocese of Brooklyn and the Agudath Israel of America, an Orthodox Jewish group, against restrictions limiting services to ten people in some areas and 25 people in others.
In early October, Cuomo openly threatened to “close the synagogues†if they did not comply with his orders.
The decision read, in part:
Citing a variety of remarks made by the Governor, Agudath Israel argues that the Governor specifically targeted the Orthodox Jewish community and gerrymandered the boundaries of red and orange zones to ensure that heavily Orthodox areas were included. Both the Diocese and Agudath Israel maintain that the regulations treat houses of worship much more harshly than comparable secular facilities. And they tell us without contradiction that they have complied with all public health guidance, have implemented additional precautionary measures, and have operated at 25% or 33% capacity for months without a single outbreak.
The applicants have clearly established their entitlement to relief pending appellate review. They have shown that their First Amendment claims are likely to prevail, that denying them relief would lead to irreparable injury, and that granting relief would not harm the public interest.
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In a red zone, while a synagogue or church may not admit more than 10 persons, businesses categorized as “essential†may admit as many people as they wish. And the list of “essential†businesses includes things such as acupuncture facilities, camp grounds, garages, as well as many whose services are not limited to those that can be regarded as essential, such as all plants manufacturing chemicals and microelectronics and all transportation facilities.
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Stemming the spread of COVID–19 is unquestionably a compelling interest, but it is hard to see how the challenged regulations can be regarded as “narrowly tailored.†They are far more restrictive than any COVID–related regulations that have previously come be- fore the Court,2 much tighter than those adopted by many other jurisdictions hard-hit by the pandemic, and far more severe than has been shown to be required to prevent the spread of the virus at the applicants’ services.
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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.
Justice Neil Gorsuch issued a concurring opinion, as did Justice Brett Kavanaugh.
more
https://www.breitbart.com/faith/2020/11/25/supreme-court-sides-with-religious-groups-against-andrew-cuomo-5-4-barrett/ (https://www.breitbart.com/faith/2020/11/25/supreme-court-sides-with-religious-groups-against-andrew-cuomo-5-4-barrett/)
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And, as has become his habit, Roberts comes down on the wrong side!
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And, as has become his habit, Roberts comes down on the wrong side!
I knew what he did the second I saw "5-4" in the title.
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Franklin Graham
@Franklin_Graham
This Thanksgiving I’m thankful for President @realDonaldTrump’s appointment of 3 conservative #SCOTUS justices who ruled last night in favor of churches & against gov't overreach in the state of New York.
10:44 AM · Nov 26, 2020·Twitter Web App
https://twitter.com/Franklin_Graham/status/1331987209830985733
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Kyle Kashuv
@KyleKashuv
Justice Gorsuch in today’s Supreme Court ruling...
(https://pbs.twimg.com/media/Enwun7rXEAEoqYd?format=jpg&name=small)
10:59 AM · Nov 26, 2020·Twitter for iPhone
https://twitter.com/KyleKashuv/status/1331990858447671296
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The ruling: https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf (https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf)
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Donald J. Trump
@realDonaldTrump
HAPPY THANKSGIVING!
SCOTUSblog
@SCOTUSblog
Just before midnight on the night before Thanksgiving, the Supreme Court blocked New York Gov. Andrew Cuomo from enforcing attendance limits at religious services. The vote is 5-4, with Roberts and the three liberals dissenting.
Here is the ruling: https://supremecourt.gov/opinions/20pdf/20a87_4g15.pdf
10:48 AM · Nov 26, 2020·Twitter for iPhone
https://twitter.com/realDonaldTrump/status/1331988084636987392
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The ruling: https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf (https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf)
JUSTICE GORSUCH, concurring.
Government is not free to disregard the First Amendment in times of crisis.
Just so everyone can see it!
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And, as has become his habit, Roberts comes down on the wrong side!
Roberts, having "grown" in office, is essentially the new leader of the liberal wing of the Supreme Court.
Further proof that a Harvard education finally catches up to everyone.
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Donald J. Trump
@realDonaldTrump
HAPPY THANKSGIVING!
10:48 AM · Nov 26, 2020·Twitter for iPhone
https://twitter.com/realDonaldTrump/status/1331988084636987392
I'm especially gratified to see Barrett going with the majority on this. I know she participated in a shutdown related decision on the 7th court of appeals that had me worried about how she'd do on the SCOTUS.
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JUSTICE GORSUCH, concurring.
Government is not free to disregard the First Amendment in times of crisis.
Just so everyone can see it!
Amen.
Even though pandemics were around (and arguably worse) at the time it was written, there was no pandemic clause in the Constitution or the Bill of Rights. Those rights are inalienable for a reason.
And all those comments Cuomo and de Blasio made about blaming the Jews for the inefficacy of their policies... well, that came and bit them on the backside, now, didn't it?
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There are bunches of lawsuits - including some in California - that could be decided by this decision.
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There are bunches of lawsuits - including some in California - that could be decided by this decision.
The Ninth Circus will ignore this.
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: Responding to the Supreme Court's 5-4 decision to block New York from setting capacity limits at houses of worship during the pandemic, Gov. Andrew Como (D) said the ruling was 'irrelevant."
https://www.zerohedge.com/political/scotus-strikes-down-cuomos-draconian-restrictions-religious-services-new-york (https://www.zerohedge.com/political/scotus-strikes-down-cuomos-draconian-restrictions-religious-services-new-york)
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This ruling widens the doorway for businesses to challenge lockdowns
and other restrictions imposed by Governors; which restrict and damage
their freedom to survive economically.
Neither Roberts nor Bush were ever Principled Conservatives. NEVER!
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The Ninth Circus will ignore this.
And people need to ignore the Ninth.
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And people need to ignore the Ninth.
Oh, they will. SCOTUS is waiting, and we no longer have to worry about John "Souter" Roberts.
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Roberts is a fool.
He is nothing more than a hand puppet for Soros.
BTW, my experience with synagogues is there is 'no law' that would keep them from functioning.
Arrest me! I don't care.
And for Cuomo persecuting Orthodox Jews, of course.
I cannot imagine what it will take before American Jews wake up and realize that Democrats and Liberals in general hate Jews. And not just Orthodox Jews. Liberals hate all Jews, even while 80% of idiots Jews vote for them.
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andy wrote:
"Roberts, having "grown" in office, is essentially the new leader of the liberal wing of the Supreme Court."
I reckon we're going to start seeing A LOT of "5-4" votes just like this one.
That is, until the democrat-communists increase the number of justices to 15. I would expect this to happen before the Congress adjourns in next fall...
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Catturd â„¢
@catturd2
Pictured below ... Amy Coney Barrett and some irrelevant dude.
(https://pbs.twimg.com/media/EnwvMUBXYAEMf9s?format=jpg&name=360x360) (https://pbs.twimg.com/media/EnwvMVUXIAIpdGZ?format=jpg&name=360x360)
11:02 AM · Nov 26, 2020·Twitter Web App
https://twitter.com/catturd2/status/1331991722600042496
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UPDATE 2-Cuomo calls U.S. Supreme Court's religious gatherings ruling 'irrelevant'
MSN, Nov 26, 2020, Reuters
WASHINGTON, Nov 26 (Reuters) - New York Governor Andrew Cuomo on Thursday dismissed as "irrelevant" a U.S. Supreme Court decision blocking coronavirus restrictions imposed on religious gatherings, saying it related to specific areas that were no longer considered at high risk.
The court, which has a 6-3 conservative majority, voted 5-4 late on Wednesday in favor of requests by the Roman Catholic Diocese of Brooklyn and two Orthodox Jewish congregations for an injunction to block the restrictions from being enforced.
http://www.msn.com/en-us/news/us/update-2-cuomo-calls-us-supreme-courts-religious-gatherings-ruling-irrelevant/ar-BB1bopM9?ocid=ientp (http://www.msn.com/en-us/news/us/update-2-cuomo-calls-us-supreme-courts-religious-gatherings-ruling-irrelevant/ar-BB1bopM9?ocid=ientp)
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I cannot imagine what it will take before American Jews wake up and realize that Democrats and Liberals in general hate Jews. And not just Orthodox Jews. Liberals hate all Jews, even while 80% of idiots Jews vote for them.
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A demurral.
At its core, the French Revolution was an anti-Monarchist upheaval which
sowed the seeds of Progressivism; birthed some 30 years later by Karl Marx.
Marx, a self loathing Jew, rejected the spiritual impulses & sentiments of
Judaism, replacing them w/a materialistic & secular focus.
Consequently, the Jews became simply pawns of the left during the past 200 years.
The left doesn't hate the Jews as long as they remain useful idiots.
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UPDATE 2-Cuomo calls U.S. Supreme Court's religious gatherings ruling 'irrelevant'
I saw the video of King Cuomo making this remark, and I LMAO. Of course it's "moot" because the restrictions on the churches expired recently! What he doesn't say is, because of the SCOTUS decision he won't be allowed to do it again. This is important because his soaring rhetoric about the upcoming doom and gloom suggests to me he wants to clamp down on the churches again before Christmas.