Posted on 11/12/2020 6:02:48 PM PST by marshmallow
In Agudath Israel of America v. Cuomo, (2d Cir., Nov. 9, 2020), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision refused to grant an injunction pending appeal to a group of Jewish synagogues and to the Catholic Diocese of Brooklyn in a case challenging New York Gov. Andrew Cuomo's restrictions on spots in which clusters of COVD-19 cases have broken out. (See prior posting.) The majority said in part:
The Court fully understands the impact the executive order has had on houses of worship throughout the affected zones. Nevertheless, the Appellants cannot clear the high bar necessary to obtain an injunction pending appeal. The challenged executive order establishes zones based on the severity of the COVID-19 outbreaks in different parts of New York. Within each zone, the order subjects religious services to restrictions that are similar to or, indeed, less severe than those imposed on comparable secular gatherings....
Thus, while it is true that the challenged order burdens the Appellants’ religious practices, the order is not “substantially underinclusive” given its greater or equal impact on schools, restaurants, and comparable secular public gatherings.
Judge Park dissented, saying in part:
Here, the executive order does not impose neutral public-health guidelines, like requiring masks and distancing or limiting capacity by space or time.
(Excerpt) Read more at religionclause.blogspot.com ...
Most judges are control-freak jerks who truly enjoy the dictatorial power they have in the courtroom and are therefore usually the worst group of people to defend freedom.
SIC SEMPER TYRANNIS
This should go to the Supremes.
How can we have Hanukkah without the Synagogues, and Christmas without the Churches?
This is a First Amendment issue.
Crazy. The burden is very high for the governor, not the appellants. The 1st Amendment enshrines a right to peaceable assemble and to restrict the free exercise of religion. This has nothing to do with how ‘fairly distributed’ the restrictions are to schools and restaurants.
Awful just awful this is a violation of the 1st amendment rights and liberties the rule of law according to our constitution.
America was founded as a moral judeo-Christian constitutional republic; the God given right to worship freely without the long arm of the federal government interfering or trampling upon those sacred rights, is what separates us from the communist marxist socialists and the Satanic pagans paganistc heathen nations.
We lose those rights or give them away by compromising or selling out we’ve lost everything same with the 2nd amendment too
Exactly.The main primary oath of office in defending the constitution/bill of rights is number one duty of any elected official big or small all these Covid/FUD virus restrictions are a gross violation of the rights and freedoms/liberties the very rule of law of our nation’s founding.
President Trump needs to rescind the national emergency order specifically the parts that delegate unconstitutional enumerated powers to local/county officials and agencies who grossly use it in empowering themselves, against the consent of we the people in full violation of the law and the very rule of law.
I also recommend Churches Synagogues and places of worship to directly nullify all theses restrictions and mandates by holding full services back inside the Church buildings and places of worship
in defiance against the powers that be.
Up to the full circut.
Cuomo is both anti-Semitic except for those KAPOS who help keep him in power, as well as anti-Catholic, despite supposedly being a Catholic himself (just like Nancy Pelosi is a Catholic, NOT).
Judge ruling paraphrased: “Bill of Rights”? You don’t need no stinkin’ Bill of Rights, Jewboy”!!!
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