Justice Barrett’s First Opinion as a Justice
Last night, a divided the Supreme Court enjoined the enforcement of California’s prohibition on indoor worship services due to Covid-19 in South Bay United Pentecostal Church v. Newsom. The Court effectively split 3-3-3. Three justices would have denied all relief (Kagan, Sotomayor, and Breyer), and three justices (Gorsuch, Thomas, and Alito, albeit to a slightly lesser degree) would have gone farther and enjoined additional portions of California’s Covid restrictions on houses of worship. The Court’s grant of partial relief pending the petition for certiorari was endorsed by the three remaining justices (Roberts, Barrett, and Kavanaugh).
My co-blogger Josh Blackman has a compete rundown of the opinions below. Among the opinions was Justice Amy Coney Barrett’s Supreme C
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