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By Lawrence Hurley and Humeyra Pamuk
WASHINGTON (Reuters) – New York Gov. Andrew Cuomo on Thursday dismissed as “irrelevant” a United States Supreme Court ruling blocking coronavirus restrictions on religious gatherings, saying it affected specific areas that were no longer considered high risk.
The court, which has a Conservative 6-3 majority, on Wednesday voted 5-4 in favor of demands from the Catholic Diocese of Brooklyn and two Orthodox Jewish congregations for an injunction to prevent the restrictions from being enforced.
The order marked one of the first consecutive court actions involving President Donald Trump’s new nominee, Conservative Judge Amy Coney Barrett, who cast a decisive vote in favor of religious groups. Tory Chief Justice John Roberts dissented from the court’s three Liberals.
“HAPPY THANKSGIVING!” Trump tweeted Thursday in response to the decision.
The case stems from an Oct.6 decision by Cuomo, a Democrat, to shut down non-essential businesses in targeted areas where infections have increased, including parts of Brooklyn.
New York has classified areas where coronavirus infections are increasingly severe as yellow, orange or red. Under Cuomo’s restrictions, places of worship in red zones could remain open at 25% capacity up to a maximum of 10 people.
In a call with reporters Thursday, Cuomo said the High Court ruling would have no impact on the state’s virus control efforts because red zone status for the area in question expired last week .
“It has no practical impact, because the area they were talking about was already moot,” the governor said. “I think it was really just an opportunity for the court to express its philosophy and policy.”
He also pointed out that the decision, which now goes to the 2nd US Circuit Court of Appeals, is not final and does not appear to affect New York State’s rules for mass gatherings.
Places of worship argued that the state-imposed limits violated religious freedoms protected by the First Amendment to the U.S. Constitution, and that their facilities were more restricted than essential businesses, such as stores. power supply.
The Orthodox Congregations Agudath Israel of Kew Garden Hills and Agudath Israel of Madison, as well as the National Orthodox Jewish group Agudath Israel of America, have requested the injunction.
A federal judge in Brooklyn has dismissed separate claims made by religious groups on October 9. The New York-based 2nd Circuit denied emergency requests filed by both groups of challengers on November 9.
In two previous cases this year, the court, by 5-4 votes, dismissed similar requests from churches in Nevada and California. Those votes took place before Judge Ruth Bader Ginsburg’s death and saw her and the other three Liberal members of the court, joined by Roberts in the majority.
Cuomo urged New Yorkers to “hide” in a tweet Thursday, adding that nearly 7,000 people in the state had tested positive the day before while 67 had died from the virus.
(Reporting by Lawrence Hurley; Editing by Robert Birsel and Paul Simao)
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