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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.
Continue reading at SCOTUS Blog…
BREAKING: Supreme Court votes 5-4 to grant Catholic Diocese and orthodox Jews’ request to block Gov. Cuomo’s attendance limits at houses of worship in New York.
Chief Justice Roberts joins the three liberal justices in dissent.
— Steven Mazie (@stevenmazie) November 26, 2020
Read the full (very detailed) thread…
Hard to tell if Gorsuch was aiming to troll Roberts or Cuomo harder in his concurrence. pic.twitter.com/yL4ICqeWSu
— Steven Mazie (@stevenmazie) November 26, 2020
A testy Gorsuch-Roberts tiff in the opinions tonight. Gorsuch lays on the sanctimony, accusing the four dissenters of letting the Constitution wither on the vine just because it’s a pandemic. Roberts isn’t happy being characterized that way—and defends his liberal colleagues too. pic.twitter.com/cfiCH3UtSd
— Steven Mazie (@stevenmazie) November 26, 2020
Gorsuch was furious at Roberts. This is what Barrett made possible. The constitution is coming back, at last pic.twitter.com/bn7dJNY2fz
— (((Aaron “Worthing” Walker))) (@AaronWorthing) November 26, 2020