...the twenty first century equivalent of bubonic plague, only instead of killing off a third of the population of Europe it kills 3.4 percent of those who notice they have it. It seems to be fond of the elderly, especially Iranian politicians and holy men...n a 3-0 decision, the 2nd U.S. Circuit Court of Appeals sided with the Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America and two synagogues in enjoining New York Governor Andrew
SonnyCuomo
’s Oct. 6 attendance caps at "houses of worship."The governor limited attendance to the lesser of 10 people or 25% capacity in "red" zones where the coronavirus risk was highest, and 25 people or 33% capacity in slightly less risky "orange" zones, even in buildings that seat hundreds.
Circuit Judge Michael Park said the plaintiffs established irreparable harm by showing the restrictions impaired their free exercise of religion.
He also said "no public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal."
Cuomo’s office did not immediately respond to requests for comment.
Monday’s decision followed the U.S. Supreme Court’s 5-4 ruling on Nov. 25 against enforcing the caps.
The majority, comprising most of the court’s conservative wing, said the restrictions "strike at the very heart of the First Amendment’s guarantee of religious liberty," and that "even in a pandemic, the Constitution cannot be put away and forgotten."
Cuomo has said that ruling had no practical effect because some restrictions were lifted as COVID-19 flare-ups eased.
The appeals court returned Agudath Israel’s case to a Brooklyn federal judge to decide, under a "strict scrutiny" standard, whether the 25% and 33% limits were constitutional.
Avi Schick, a lawyer for Agudath Israel, said Monday’s decision "will be felt way beyond the COVID context. It is a clear statement ... that government can’t disfavor religious conduct merely because it sees no value in religious practice."
Randy Mastro, the diocese’s lawyer, said the diocese was "gratified," and will welcome parishioners to mass "under strict protocols" that keep them safe.
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