This past Wednesday (25 November 2020), the Supreme Court (“SCOTUS”) barred restrictions on religious services in New York that Gov. Cuomo had imposed to combat COVID-19. The vote was 5-4. If the late Justice Ginsburg were on the bench instead of Amy Barrett, it would have gone the other way.
This is not a permanent decision. Justice Kavanaugh explains:
Importantly, the Court’s orders today are not final decisions on the merits. Instead, the Court simply grants temporary injunctive relief until the Court of Appeals in December, and then this Court as appropriate, can more fully consider the merits.
Kavanaugh concurring opinion, p. 1.
The Roman Catholic Diocese of Brooklyn, along with some Orthodox Jewish synagogues, asked for injunctive relief from Gov. Cuomo’s order that “imposes severe restrictions on attendance at religious services in areas classified as ‘red’ or ‘orange; zones. In red zones, no more than 10 persons may attend each religious service, and in orange zones, attendance is capped at 25,” (Decision, p. 1).