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The first amendment doesn’t grant rights, it shackles the federal government from infringing on those rights. Were Scalia alive today, he would have properly roasted the court for referring to religious services as ‘social events’. This isn’t a knitting circle meeting, this is a religious congregation.

But there was one huge problem with the court case; it was an attempt to preemptively prevent the state from taking action.

Which I think was the wrong argument. And the wrong method; the county of San Diego or the city of Chula Vista needs to take action first, and without that persecution, it becomes a regulatory question.

It is lumped with the same question that might be made about a church that is closed down due to, say, the building falling apart. In that consideration, it seems a rational reach of regulation for public safety.

Citing church leaders for hosting an event of more than 100 people (or 1/4 of the capacity, whatever is lessor,) that would lead to other questions: Does a church present greater dangers than an airplane? A train? A bus? A Walmart? Are they not being given exactly the same consideration, or are they being treated as a lessor?

Too easy of an out for Roberts. I think if the proper question gets before him, a lot of this goes away.