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To: Lakeside Granny

Here’s a good article on it.

SCOTUS: Roberts joins liberals again to deny religious protection from discriminatory cornovirus lockdown

This should have been an easy case. But the Court denied injunctive relief without opinion by the majority.

Justice Alito, joined by Thomas and Kavanaugh, wrote a separate lengthy dissent:
That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing. We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility.

* * *

Once it is recognized that the directive’s treatment of houses of worship must satisfy strict scrutiny, it is apparent that this discriminatory treatment cannot survive. Indeed, Nevada does not even try to argue that the directive can withstand strict scrutiny. Having allowed thousands to gather in casinos, the State cannot claim to have a compelling interest in limiting religious gatherings to 50 people—regardless of the size of the facility and the measures adopted to prevent the spread of the virus. “[A] law cannot be regarded as protecting an interest of the highest order . . . when it leaves appreciable damage to that supposedly vital interest unprohibited.” Church of Lukumi, 508 U. S., at 547 (internal quotation marks omitted). And even if the 50-person limit served a compelling interest, the State has not shown that public safety could not be protected at least as well by measures such as those Calvary Chapel proposes to implement.

https://legalinsurrection.com/2020/07/scotus-roberts-joins-liberals-again-to-deny-religious-protection-from-discriminatory-cornovirus-lockdown/

This is so outrageous. And the majority didn’t even write an opinion.


6,095 posted on 07/25/2020 8:48:10 AM PDT by Rusty0604 (2020 four more years!)
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To: Rusty0604
And the majority didn’t even write an opinion.

They couldn't.

They know that this is unconstitutional and they don't have a leg to stand on.

6,096 posted on 07/25/2020 8:51:58 AM PDT by Lakeside Granny (Vote RED~R.emove E.very D.emocrat~D&S)
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