Neal Gorsuch

You know that we don't think much around here of the U.S. Supreme Court telling governors of sovereign states what to do We know that the Fourteenth Amendment prohibits states in certain activities, but that it contains article V, which empowers the Congress to implement it (not the judiciary). But, the Wednesday, November 25, 2020 release of Roman Catholic Diocese of Brooklyn v Cuomo which smacked down Cuomo's COVID edicts against religious institutions contains some great validation of what we have been saying around here about the limits the Texas Constitution places on Governor Abbott. Here are some great quotes from the decision: From the Per Curiam portion of the opinion" "But even in a pandemic, the Constitution cannot be put away and forgotten." From the Justice Gorsuch concurrence: "Government is not free to disregard the First Amendment in times of crisis." "So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pickup another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians. Who knew public health would so perfectly align with secular convenience?" "People may gather inside for extended periods in bus stations and airports, in laundromats and banks, in hardware stores and liquor shops. No apparent reason exists why people may not gather, subject to identical restrictions, in churches or synagogues, especially when religious institutions have made plain that they stand ready, able, and willing to follow all the safety precautions required of “essential” businesses and perhaps more besides. The only explanation for treating religious places differently seems to be a judgment that what happens there just isn’t as “essential” as what happens in secular spaces. Indeed, the Governor is remarkably frank about this: In his judgment laundry and liquor, travel and tools, are all “essential” while traditional religious exercises are not. That is exactly the kind of discrimination the First Amendment forbids." "Even if the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical. Rather than apply a nonbinding and expired concurrence from South Bay, courts must resume applying the Free Exercise Clause. Today, a majority of the Court makes this plain." "[W]e [the U.S. Supreme Court] may not shelter in place when the Constitution is under attack. Things never go well when we do." "It is time—past time—to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques." https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf