9th Cir. holds that Nevada Gov. Sisolak's pandemic order that imposes a 50-person cap on indoor worship services violates the First Amendment because it imposes greater restriction on religious activity than on secular businesses like casinos. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/15/20-16169.pdf

Court explains 50-person cap cannot survive strict scrutiny because, although slowing COVID is a compelling gov't interest, the cap is not narrowly tailored to serve that interest.

Suggests the order could have imposed a 50% of fire-code capacity limit just like for businesses.

Note the footnote on mootness. This particular pandemic directive is no longer in effect, but the court explains that the governor could reimpose it at any time.

And warns that "all subsequent directives are subject to the same principles outlined in this opinion."

Another interesting feature of this decision. The 9th Cir. had already denied a motion for emergency relief, and the church filed a petition for writ of certiorari before judgment with SCOTUS.

That petition remains pending, although it's probably moot.

SCOTUS granted a similar petition for writ of cert. before judgment this morning in a church case out of New Jersey. https://www.supremecourt.gov/orders/courtorders/121520zr_j4el.pdf

Worship challenges to pandemic restrictions are the rare exception that actually wins, and it's because state governments have been stupid sloppy about worship bans.

Just unconscionable at this point. Remember Louisville's ban on drive-in Easter services? Just crazy.