BREAKING: #SCOTUS rules California must immediately allow houses of worship to reopen at 25% of occupancy, ending California's ban on indoor worship, which had been the only one in the country. Will add to this thread shortly.
https://www.supremecourt.gov/opinions/20pdf/20a136_bq7c.pdf
Court rules 6-3 that California must end the worship ban in Tier 1 counties, also known as the “purple tier”, currently 54 out of 58 counties. California can however limit houses of worship to 25% of normal occupancy in Tier 1.
Justices Thomas and Gorsuch would have granted the applications in full, which would effectively mean an end to all COVID-related restrictions on worship.
It appears Justice Alito would end many capacity restrictions immediately, but would give CA 30 days to show that the remaining capacity restrictions and the singing restriction are necessary to prevent COVID spread, as compared to secular activities.
Chief Justice Roberts concurs with the Court's order (no ban but 25% limit allowed).
Says "the State’s present determination—that
the maximum number of adherents who can safely worship
in the most cavernous cathedral is zero—appears to reflect
not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake."
Constitution "also entrusts the protection of the people’s rights to the Judiciary—not despite judges being shielded by life tenure, ... but because they are. Deference, though broad, has its limits."
Justice Barrett, joined by Justice Kavanaugh, says she agrees with Justice Gorsuch, except as to the singing ban during worship. Says record is not developed enough.
Justice Gorsuch is joined by Justices Thomas and Alito in a 6-page statement. Says these applications should have been unnecessary given the Court's guidance in the Diocese of Brooklyn case.
His "quibble" with the Court's ruling has to do with the singing ban. Says Hollywood/entertainment industry got a singing exemption, so why not HOWs?
"California no longer asks its movie studios, malls, and manicurists to wait. And one could be forgiven for doubting its asserted timeline. Government actors have been moving the goalposts on pandemic-related sacrifices for months ...
... adopting new benchmarks that always seem to put restoration of liberty just around the corner. As this crisis enters its second year—and hovers over a second Lent, a second Passover, and a second Ramadan—it is too late for the State to defend extreme measures with claims ...
... of temporary exigency, if it ever could.
Drafting narrowly tailored regulations can be difficult. But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry."
Justice Kagan dissents, joined by Justices Breyer and Sotomayor. Says CA rule is neutral, citing to Chief Justice's May 2020 concurrence in previous iteration of this case.
Says it impairs CA's ability to combat public health emergency. Makes "science-based policy yield to judicial edict."
This opinion as far as I can tell does not wrestle with the fact of California's splendid isolation as the only state in the country to have such a rule. California's declarants say a worship ban is necessary, but 49 other states' epidemiologists think it isn't necessary.
Justice Gorsuch (citing @BECKETlaw's amicus brief) points out that CA is the only state with an indoor worship ban. Here's our brief and you can see the map of restrictions nationwide: https://s3.amazonaws.com/becketnewsite/Becket-Amicus-in-Harvest-Rock-SCOTUS.pdf
Last point. This is a huge win for religious liberty. 40 million people live in CA, and most haven't been able to worship together for half a year. #SCOTUS has vindicated a core First Amendment right.
You can follow @ericrassbach.
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