What Gorsuch Missed About Jews and Religious Liberty

What Gorsuch Missed About Jews and Religious Liberty
AP Photo/J. Scott Applewhite

Just before Thanksgiving, a 5-4 majority of the U.S. Supreme Court forbade the state of New York from enforcing 10- or 25-person occupancy limits on religious organizations in places where COVID-19 cases are at their highest. In the case of Roman Catholic Diocese of Brooklyn v. Cuomo, the court agreed with the plaintiffs (including Agudath Israel of America, Agudath Israel of Kew Garden Hills and Agudath Israel of Madison, as well as Rabbi Yisroel Reisman and Steven Saphirstein) that the state was treating religious organizations harsher than "comparable secular facilities." These restrictions, the unsigned majority opinion said, "strike at the very heart of the First Amendment's guarantee of religious liberty."

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