Supreme Court's Decision
There can be no question that the challenged restrictions, if enforced, will cause irreparable harm. "The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury."
Members of this Court are not public health experts and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic, the Constitution cannot be put away and forgotten.
For these reasons, we hold that enforcement of the Governor's sever restrictions on the applicant's religious services must be enjoined (prohibit from performing).
Government is not free to disregard the First Amendment in times of crisis.
And it turns out the businesses the Governor considers essential include hardware stores, acupuncturists, and liquor stores. Bicycle repair shops, certain signage companies, accountants, lawyers, and insurance agents are essential too. So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pick up another bottle of wine...
Who knew publich health would so perfectly align with secular convenience.
Now, as we round out 2020 and face the prospect of entering a second calendar year living in the pandemic's shadow, the rationale has expired in its own terms.
Even if the Constitution has taken a holiday during the pandemic, it cannot become a sababatical.
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Judge Sotomayor dissenting (disagreeing)
Unlike religious services, which have every one of those risk factors, a (brief visit) to a bike repair shop and liquor stores generally do not feature customers gathering inside to sing and speak together for one hour or more at a time.
Justices of this Court play a deadly game in second guessing the expert judgment of health officials about the environments in which a contagious virus, now infecting a million Americans each week, spreads more easily.