What's up with Roberts? Has he been getting death threats?A deeply divided Supreme Court doubled down on religious rights late Friday, ruling that California can no longer continue with a ban on indoor church services put in place to fight to the coronavirus pandemic. But the court said that the state, for now, can keep in place restrictions on singing and chanting inside.
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In response to suits brought by the South Bay United Pentecostal Church in Chula Vista and the Harvest Rock Church in Pasadena, the court said California cannot bar in-person services altogether, but can limit attendance to 25% of capacity.
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Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan said they would have left California's restrictions in place. In a stinging dissent for the three, Kagan noted that none of the justices is a scientist, and she accused the majority of substituting its own judgment for the epidemiologists and elected officials who are "desperately trying to slow the spread of a deadly disease." Kagan disputed the notion that the state is somehow treating religious institutions worse than secular entities. The only secular conduct the state treats better, she said, "is the kind that its experts have found does not imperil" the battle against the pandemic.
"I cannot imagine that any of us [on the court] has delved into the scientific research on how COVID spreads, or studied the strategies for containing it," she said. "So it is alarming that the court second guesses the judgments of expert officials and displaces their conclusions with its own. ... In the worst public health crisis in a century, this foray into armchair epidemiology cannot end well."
Friday's orders appeared to further cement the shift in the court's view on the issue following the death of Justice Ginsburg. Twice before Ginsburg's death in September, the court voted to allow similar restrictions on attendance at church services put in place by California and Nevada, with Chief Justice Roberts joining the court's liberal members in the majority. In November, with Barrett on the court, the justices ruled 5-4 to block New York from enforcing strict limits on attendance limits on places of worship in coronavirus hot spots.
NPR
...but hey, do what you want...you will anyway.
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