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He also noted that while the current dispute was ongoing, he had lifted some of the restrictions in place.
“The fundamental point is that you know why the court rules on a moot matter unless – and they had just ruled several months before in other cases that presented the same argument – why rule on a moot case and come up with a different decision than the one you made several months ago on the same issue? You have a different tribunal and I think that was the statement the tribunal was making, ”he said.
“I would agree with those people who say it’s a different tribunal, and they wanted to make a statement that it’s a different tribunal. That’s the statement they’re making, I understand that,” a- he said.
The case is the latest pitting religious groups against city and state officials seeking to stop the spread of Covid-19, and it highlights Judge Amy Coney Barrett’s impact on the court. The decision comes as coronavirus cases increase across the country.
In the late-night ruling, Barrett sided with his fellow Conservatives in the dispute, while Chief Justice John Roberts joined the three dissenting Liberal justices.
Last spring and summer, before the death of Judge Ruth Bader Ginsburg, the court split 5-4 over similar cases in California and Nevada, with Roberts and the Liberals in the majority siding against the premises of worship. Barrett was confirmed in October to occupy the Ginsburg headquarters.
Regulations limited the number of people who could attend religious services.
In the lead opinion, unsigned, the majority voted in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America who argued that the restrictions violated the First Amendment free exercise clause because the regulations treated places of worship harsher than comparable. secular facilities.
The majority said the regulations are “much more restrictive than any Covid-related regulations that have been previously submitted to court, much more stringent than those adopted by many other jurisdictions hard hit by the pandemic, and far more severe than what has been shown to be necessary to prevent the spread of the virus “during the religious services in question.
The attendance restrictions are distributed by geographical areas in areas classified as “red” or “orange” areas.
Cuomo said the decision is not final, it is simply blocking restrictions for the time being while the appeal continues.
“It didn’t affect our mass rally rules,” he added, which are percentage based. “He didn’t mention the general limits.”
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