WASHINGTON (AP) — A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.
Over the dissent of the four more conservative justices, Chief Justice John Roberts joined the court’s four liberals in turning away a request from the South Bay United Pentecostal Church in Chula Vista, California, in the San Diego area.
The church argued that limits on how many people can attend their services violate constitutional guarantees of religious freedom and had been seeking an order in time for services on Sunday. The church said it has crowds of 200 to 300 people for its services.
Roberts wrote in brief opinion that the restriction allowing churches to reopen at 25% of their capacity, with no more than 100 worshipers at a time, “appear consistent” with the First Amendment. Roberts said similar or more severe limits apply to concerts, movies and sporting events “where large groups of people gather in close proximity for extended periods of time.”
Justice Brett Kavanaugh wrote in dissent that the restriction “discriminates against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment.” Kavanaugh pointed to supermarkets, restaurants, hair salons, cannabis dispensaries and other businesses that are not subject to the same restrictions.
Lower courts in California had previously turned down the churches’ requests.
The court also rejected an appeal from two churches in the Chicago area that objected to Gov. Jay Pritzker’s limit of 10 worshipers at religious services. Before the court acted, Pritzker modified the restrictions to allow for up to 100 people at a time. There were no recorded dissents.
Read Roberts’ opinion below:
That pimple just above his ass might be an emerging stub of a spine. Might be.
Roberts likes his token figleaves. He will never vote against the republican interests when it comes to voting rights or elections implementation.
I have a former friend who moved to Florida from Seattle so he could practice his “faith” without being persecuted.
His anus is afire over this right now. I just remind him that being a victim is core to the manner in which he practices his Christian faith.
The reality is that Roberts sees the Court having limited legitimacy. He also knows that Trump is not going to be around in January. He does not want to burn up his political capital on silliness like this.
If Roberts is going to be a check on President Biden and a Democratic Senate and House, he needs to not blow his wad now. And Roberts wants to be in a place to be a check for his corporate paymasters and backers. Roberts is not about MAGA, he is about helping “big bid-ness” and the Chamber of Commerce and American Free market rip it off capitalism.
The reality is that CA has given MORE freedom to Churches, which can be open with 100 people, while other similar activities (concerts, musical performances, plays) can’t be open at all. The argument accepted by the 4 horseman of fascism that somehow religion was being disfavored is ridiculous. Roberts is not going to sign onto ridiculous arguments. Why? Because how ridiculous it is will be pointed out, as will that fact that his ruling is political. And oh, if death counts raise he does not want to be blamed for that (see WI Sup. Ct. “conservative” judges).
So we will see lots of ugly rulings (arbitration, class action bans, money in politics) from Roberts, but he will avoid stupid rulings that will blow his credibility. This is why he will rule with the 3 liberals and one moderate to release Trump’s Taxes.
I’m honestly stunned. I need a drink…