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1157, 26 Nov 20

SCOTUS Rules in Favor of 1st Amendment

This should not have been a 5-4 ruling. But thank goodness Barrett is on the court.

(CNN)In a 5-4 ruling, the US Supreme Court sided with religious organizations in a dispute over Covid-19 restrictions put in place by New York Gov. Andrew Cuomo limiting the number of people attending religious services.

The case is the latest pitting religious groups against city and state officials seeking to stop the spread of Covid-19, and it highlights the impact of Justice Amy Coney Barrett on the court. The decision comes as coronavirus cases surge across the country.
In the late-night decision, Barrett sided with her conservative colleagues in the dispute, while Chief Justice John Roberts joined the three liberal justices in dissent.

1157, 26 November 2020


  1. dad29

    Other pundits noticed that Gorsuch ripped CJ Roberts a new one in this decision.  Kavanaugh also slapped him silly, but was more polite.

    The re-visit of Pennsylvania (the one Roberts avoided) will be a lot of fun.

  2. Mar

    A great ruling and yes, Gorsuch did rip on Roberts and the other liberals a new butt hole.
    Looks like we will still have a lit of 5-4 rulings but for conservatives.
    This could be President Trump’s greatest accomplishment along with the Chinese virus vaccine.

  3. MjM

    Oh , yes. Gorsuch sliced and diced…

    So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pickup another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians. Who knew public health would so perfectly align with secular convenience?

    My fave reminded me of Kevin Green telling Clay Mathews…..

    It is time—past time—to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques.

    Read it all:

  4. dad29

    You may also have noticed that the wire-service stories on this decision ALWAYS identified Barrett as “Catholic.”  Not Alito, not Kavanaugh……just ACB.

    She’s been warned.

  5. Mike

    Lower courts also interpreted the South Bay ruling to justify government mandates, saying that it upheld Jacobson as the justification for mandating things like vaccinations. South bay has been cited more than 100 times since its issuance, and the court slapped their misinterpretation of that ruling.

    Jacobson actually only upheld the governments ability to impose a modest penalty for noncompliance with a mandate, specifically stating the government could not forcibly vaccinate someone.

    That case observed, “[i]f a person should deem it important that vaccination should not be performed in his case, and the authorities should think otherwise, it is not in their power to vaccinate him by force, and the worst that could happen to him under the statute would be the payment of the penalty of $5.”

    Justice Gorsuch also slammed lower court judges for failing to uphold constitutional limitations during the pandemic.

    Read more here:

  6. Kevin Scheunemann

    Shocking to see what kind of religious bigots the other 4 justices are!

    Liberals cheer religious bigotry!

  7. Mike

    Over 100 cases cited Roberts South Bay decision in upholding unconstitutional pandemic related restrictions. Gorsuch also slammed those lower court justices for not upholding the constitution. This is an important decision in a lot of ways.

    Why have some mistaken this Court’s modest decision in Jacobson for a towering authority that overshadows the Constitution during a pandemic? In the end, I can only surmise that much of the answer lies in a particular judicial impulse to stay out of the way in times of crisis. But if that impulse may be understandable or even admirable in other circumstances, we may not shelter in place when the Constitution is under attack. Things never go well when we do.


  8. Mar

    Meanwhile, in jolly old England:
    This is what liberalism and socialized medicine looks like.
    Meanwhile, in my county in Arizona I live in, we are pretty much in a pre-pandemic state.
    No mask mandates, very few if any restrictions and while we have had a slight increase in cases, we are handling it just fine,thank you.
    Meanwhile, I have to go to Los Angeles for 2 weeks for work. I’ll find out how bad liberalism really is.

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