Supreme Court Blocks Covid-19 Restrictions on Religious Services in New York - WSJ

Chief Justice Roberts, in dissent, said there was no need to act now because, since the suit was filed, the areas involved had been reclassified as yellow zones, which were subject to a 50% occupancy limit without a numerical limit.

This is the biggest threat to our Constitutional order. We need clarity from the Court, even if the conditions have temporality changed at the time of ruling. That way we can have clarity for next time, whether that be next week, next month, or in 50 years.

“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,” he wrote.

Part of the opinion by Justice Gorsuch. He’s exactly right. This isn’t April. States have had months to come up with a workable plan for Winter, but instead are just running off of the old playbook. The “emergency” is over. More than enough time has passed for Governors and State Legislatures to work together on appropriate applications of separated powers in the current situation.