U.S. top court rules on curbs, worship
Blocks limits on religious services in New York
The Supreme Court’s new conservative majority late Wednesday night sided with religious organizations in New York that said they were illegally targeted by pandemic- related restrictions imposed by Gov. Andrew Cuomo to combat spiking coronavirus cases.
The 5- to- 4 order was the first show of solidified conservative strength on the court since the confirmation of Justice Amy Coney Barrett, whom President Donald Trump chose to replace liberal Justice Ruth Bader Ginsburg following her death in September. The decision differed from the court’s previous practice of deferring to local officials on pandemic- related restrictions, even in the area of constitutionally protected religious rights.
“Even in a pandemic, the Constitution cannot be put away and forgotten,” said the unsigned opinion granting a stay of the state’s orders.
The limits were severe, at times capping worship services at only 10 people. But the state said they were necessary to deal with “hot spots” of virus outbreaks.
Chief Justice John Roberts Jr., who had been the court’s pivotal member in previous emergency applications seeking relief from virus- related restrictions, dissented along with the court’s three liberal members.
He noted that while the court was considering the petitions, Cuomo had eased the restrictions, and thus there was no need for the court to intervene now.
“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 wrote for himself.
But the court’s more conservative justices said it violated the Constitution for local officials to impose more drastic restrictions on houses of worship than on businesses considered essential.
In a speech to the conservative Federalist Society earlier this month, Justice Samuel Alito Jr. amplified his objections, saying the pandemic “has resulted in previously unimaginable restrictions on individual liberty.”
He continued: “This is especially evident with respect to religious liberty. It pains me to say this, but in certain quarters, religious liberty is fast becoming a disfavoured right.”