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IPFS News Link • Executive Power

U.S. Supreme Court's New Take on Emergency Powers

• Childrens Health Defense - By Ray L. Flores, II

On Nov. 25, in a 5-4 decision, the U.S. Supreme Court granted an application for injunctive relief to the petitioners Roman Catholic Diocese of Brooklyn and Agudath Israel of America. The Supreme Court enjoined New York Gov. Andrew Cuomo from enforcing an executive order restricting houses of worship to 10- and 25-person occupancy limits.

The order reads:

In a red zone, while a synagogue or church may not admit more than 10 persons, businesses categorized as "essential" may admit as many people as they wish. And the list of "essential" businesses includes things such as acupuncture facilities, camp grounds, garages, as well as many whose services are not limited to those that can be regarded as essential, such as all plants manufacturing chemicals and microelectronics and all transportation facilities.

This decision is an about-face from the court's earlier 2020 South Bay United Pentecostal Church v. Newsom. "Rather than apply a nonbinding and expired concurrence from South Bay, courts must resume applying the [First Amendment] Free Exercise Clause. Today, a majority of the Court makes this plain."


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