On Friday, the Supreme Court voted 5-4 along those lines to reject an emergency appeal from a California church over the imposition of limits on the size of attendance at services.  The church came close to prevailing. Chief Justice John Roberts joined his liberal colleagues in upholding what he said were limits that "appear consistent" with the First Amendment. The cost ruling is an indication of how courts are applying closer scrutiny to the treatment of churches as opposed to other institutions allowed to have greater numbers of people.

Last week, President Donald Trump has pledged that he will "override" state orders barring in-person religious services unless governors do so.  As I have previously noted, the President is claiming authority that is expressly denied to him in our system of federalism. While I have warned such deference given to the states wanes with time, any order to reopen churches in a given state will be based on the inherent authority of the courts, not the President.