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On Wednesday evening, the United States Supreme Court barred New York Governor Andrew Cuomo from reimposing strict attendance limits on worship services in areas hard hit by the novel coronavirus.
The court ruled 5-4 to bar Cuomo from enforcing his Oct. 6 “Initiative Cluster” against places of worship that have filed suit to challenge the restrictions.
The order was also the first in which Justice Amy Coney Barrett played a decisive role. Barrett, who was President Trump’s third candidate for the Supreme Court, joined the court on October 27, after obtaining Senate confirmation following the death of Justice Ruth Bader Ginsburg on September 18.
Amy Coney Barrett, then a Supreme Court candidate, is seen October 21, 2020 in Capitol Hill in Washington. (Associated press)
Meanwhile, Chief Justice John Roberts joined the liberal wing of the court in the dissenting opinion, which said the court had acted recklessly.
Cuomo’s initiative had created colored boundaries for mass gatherings and business operations, in a bid to stem the outbreak in areas of New York City that were seeing an increase in the number of cases, according to Bloomberg News.
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New York Governor Andrew Cuomo speaks during the daily press conference at the New York State Governor’s Office on July 23, 2020 in New York City. (Getty Images)
He was targeting worship services in some synagogues and Roman Catholic churches in parts of Brooklyn and Queens, Bloomberg reported.
In the hardest-hit areas, which have been designated red zones, the state has limited attendance at places of worship to 25% of capacity or 10 people, whichever is less. The majority said its boundaries violated the First Amendment’s protection of the free exercise of religion.
Judge Neil Gorsuch, in the concurring opinion, said Cuomo treated religious activities less favorably than non-religious activities, according to the New York Times.
“It is time – the time has passed – to make it clear that while the pandemic poses many serious challenges, there is no world in which the Constitution tolerates color-coded executive decrees that reopen liquor stores and bicycle shops but close churches, synagogues and mosques. Wrote Gorsuch, who was also appointed to the court by President Trump.
Neil Gorsuch, Justice of the Supreme Court of the United States. (Reuters)
“So at least according to the governor, it can be dangerous to go to church, but it’s always good to grab another bottle of wine, buy a new bike or spend the afternoon exploring. your distal and meridian points, “he continued, according to a tweet from The Economist correspondent Steven Mazie. “Who would have thought that public health would align so perfectly with secular convenience?”
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The move was seen as a reversal of previous actions taken during the pandemic this year by the High Court in response to state restrictions on organized religion, according to reports. Judges previously refused to lift restrictions on churches in California and Nevada.
In the dissenting opinion, Roberts explained why the court’s Liberals opposed the decision.
“The digital capacity limits of 10 and 25 people, depending on the applicable area, appear unduly restrictive,” Roberts wrote, according to the Times. “There is no need, however, for us to speak out on this serious and difficult issue at this time.”
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“The governor could reinstate the restrictions,” he continued. “But maybe not either. And it’s important to override decisions made by public health officials about what is needed for public safety in the midst of a deadly pandemic. If the governor reinstates the number restrictions, claimants can return to this tribunal, and we could act quickly on their renewed claims.
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