The Supreme Court just blocked Governor Cuomo from putting capacity limits on churches and synagogues in Brooklyn and Barrett was the deciding vote:
NY POST – The Supreme Court late Wednesday temporarily blocked Gov. Andrew Cuomo from setting capacity limits at houses of worship in certain state-designated coronavirus hot spots.
In a 5-4 decision, the nation’s highest court sided with the Roman Catholic Diocese of Brooklyn and Orthodox Jewish synagogues that sued the governor over the state-imposed caps in areas declared red and orange zones.
“Even in a pandemic, the Constitution cannot be put away and forgotten,” the unsigned opinion said, according to The Washington Post.
“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 ruling has little impact at this time since the groups that sued are not currently subjected to the attendance limits since they are in the less-restrictive yellow zones.
The houses of worship argued the restrictions, imposed by Cuomo on Oct. 6, violated their religious freedoms under the First Amendment. They also felt they were unfairly facing stricter limitations than essential businesses.
Newly confirmed Justice Amy Coney Barrett cast the deciding assenting vote in favor of the religious groups.
Guess who sided with the liberals again:
Roberts joined the court’s liberal wing in dissent on Wednesday.
“Numerical capacity limits of 10 and 25 people, depending on the applicable zone, do seem unduly restrictive,” he wrote, according to the New York Times. “It is not necessary, however, for us to rule on that serious and difficult question at this time.”
“The governor might reinstate the restrictions,” he continued. “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.”
I’m sure Dictator Cuomo will come out tomorrow decrying the ruling and calling for Democrats to remake the court. Just wait and see.
Also happy Thanksgiving.