U S appeals court blocks NY governor s limits on religious gatherings | 104 1 WIKY wiky.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from wiky.com Daily Mail and Mail on Sunday newspapers.
CommunityCoronavirus
By Reuvain Borchardt
Updated Monday, December 28, 2020 at 8:06 pm
NEW YORK -
Updated Monday, December 28, 2020 at 8:06 pm
One of the Agudah plaintiff shuls. (Google Maps)
A federal appellate court on Monday overturned New York Gov. Andrew Cuomo’s strict limitations on attendance at houses of worship, following a landmark injunction issued by the U.S. Supreme Court last month.
“We grant no special deference to the executive when the exercise of emergency powers infringes on constitutional rights,” wrote Judge Michael H. Park for a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit. “Courts may not defer to the Governor simply because he is addressing a matter involving science or public health.”
view with some ambivalence the US Supreme Court’s recent decision in
Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court, by a five to four vote, issued a preliminary injunction barring enforcement of New York Gov. Andrew Cuomo’s restriction limiting attendance at houses of worship. Gov. Cuomo’s executive order had limited attendance in areas designated as red or orange zones (depending on the Covid positivity rate) to 10 or 25 worshipers respectively. The lawsuits in which the Court issued this injunction were brought by the Roman Catholic Diocese of Brooklyn and by Agudath Israel, the preeminent advocacy organization for the interests of the
Key Cases
In
Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo,
No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the
U.S. Supreme Court enjoined enforcement of the 10- and 25-person
occupancy limits on churches in New York Executive Order 202.68,
pending appeal in the U.S. Court of Appeals for the Second Circuit.
This was an abrupt shift for the court as compared with two cases
reported on previously:
Calvary Chapel Dayton Valley v.
Sisolak, 140 S.Ct. 203 (2020) (see Holland & Knight s
Religious Institutions Update: October 2020)
and
South Bay Pentecostal Church v. Newsom, 140 S.Ct. 1613
(2020) (see Holland & Knight s Religious Institutions Update: July 2020). The
COVID Cops Can t Be Allowed to Cancel Christmas Spirit 980waav.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from 980waav.com Daily Mail and Mail on Sunday newspapers.