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Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order
(about 5 hours later)
WASHINGTON — The Supreme Court on Friday turned away a request from a church in California to block enforcement of state restrictions on attendance at religious services.WASHINGTON — The Supreme Court on Friday turned away a request from a church in California to block enforcement of state restrictions on attendance at religious services.
The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s four-member liberal wing to form a majority.The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s four-member liberal wing to form a majority.
“Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the free exercise clause of the First Amendment,” Chief Justice Roberts wrote in an opinion concurring in the unsigned ruling.“Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the free exercise clause of the First Amendment,” Chief Justice Roberts wrote in an opinion concurring in the unsigned ruling.
“Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time,” the chief justice wrote. “And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods.”“Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time,” the chief justice wrote. “And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods.”
Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents.Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents.
“The church and its congregants simply want to be treated equally to comparable secular businesses,” Justice Kavanaugh wrote in a dissenting opinion joined by Justices Thomas and Gorsuch. “California already trusts its residents and any number of businesses to adhere to proper social distancing and hygiene practices.”“The church and its congregants simply want to be treated equally to comparable secular businesses,” Justice Kavanaugh wrote in a dissenting opinion joined by Justices Thomas and Gorsuch. “California already trusts its residents and any number of businesses to adhere to proper social distancing and hygiene practices.”
“The state cannot,” Justice Kavanaugh wrote, quoting from an appeals court decision in a different case, “‘assume the worst when people go to worship but assume the best when people go to work or go about the rest of their daily lives in permitted social settings.’”“The state cannot,” Justice Kavanaugh wrote, quoting from an appeals court decision in a different case, “‘assume the worst when people go to worship but assume the best when people go to work or go about the rest of their daily lives in permitted social settings.’”
The court’s ruling was its first attempt to balance the public health crisis against the Constitution’s protection of religious freedom. And it expanded the Supreme Court’s engagement with the consequences of the coronavirus pandemic, after rulings on voting in Wisconsin and prisons in Texas and Ohio.The court’s ruling was its first attempt to balance the public health crisis against the Constitution’s protection of religious freedom. And it expanded the Supreme Court’s engagement with the consequences of the coronavirus pandemic, after rulings on voting in Wisconsin and prisons in Texas and Ohio.
The case was brought by the South Bay United Pentecostal Church in Chula Vista, Calif., which said Gov. Gavin Newsom, a Democrat, had lost sight of the special status of religion in the constitutional structure.The case was brought by the South Bay United Pentecostal Church in Chula Vista, Calif., which said Gov. Gavin Newsom, a Democrat, had lost sight of the special status of religion in the constitutional structure.
“The Covid-19 pandemic is a national tragedy,” lawyers for the church wrote in their Supreme Court brief, “but it would be equally tragic if the federal judiciary allowed the ‘fog of war’ to act as an excuse for violating fundamental constitutional rights.”“The Covid-19 pandemic is a national tragedy,” lawyers for the church wrote in their Supreme Court brief, “but it would be equally tragic if the federal judiciary allowed the ‘fog of war’ to act as an excuse for violating fundamental constitutional rights.”
The brief, filed May 23, asked the justices to block a ruling the day before from a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, saying that the shutdown orders did not single out houses of worship for unfavorable treatment. The majority said state officials had struck an appropriate balance.The brief, filed May 23, asked the justices to block a ruling the day before from a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, saying that the shutdown orders did not single out houses of worship for unfavorable treatment. The majority said state officials had struck an appropriate balance.
“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure,” the majority wrote in an unsigned opinion that went on to quote a famous dissent from a 1947 Supreme Court decision. “In the words of Justice Robert Jackson, if a ‘court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.’”“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure,” the majority wrote in an unsigned opinion that went on to quote a famous dissent from a 1947 Supreme Court decision. “In the words of Justice Robert Jackson, if a ‘court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.’”
In dissent, Judge Daniel P. Collins wrote that California had failed “to honor its constitutional duty to accommodate a critical element of the free exercise of religion — public worship.”In dissent, Judge Daniel P. Collins wrote that California had failed “to honor its constitutional duty to accommodate a critical element of the free exercise of religion — public worship.”
“I do not doubt the importance of the public health objectives that the state puts forth,” Judge Collins wrote, “but the state can accomplish those objectives without resorting to its current inflexible and overbroad ban on religious services.”“I do not doubt the importance of the public health objectives that the state puts forth,” Judge Collins wrote, “but the state can accomplish those objectives without resorting to its current inflexible and overbroad ban on religious services.”
The appeals court ruled on May 22. That same day, President Trump made remarks on the subject at a news briefing.The appeals court ruled on May 22. That same day, President Trump made remarks on the subject at a news briefing.
“Today, I’m identifying houses of worship — churches, synagogues and mosques — as essential places that provide essential services,” he said, adding: “The governors need to do the right thing and allow these very important, essential places of faith to open right now, for this weekend. If they don’t do it, I will override the governors.”“Today, I’m identifying houses of worship — churches, synagogues and mosques — as essential places that provide essential services,” he said, adding: “The governors need to do the right thing and allow these very important, essential places of faith to open right now, for this weekend. If they don’t do it, I will override the governors.”
Three days later, Mr. Newsom issued additional guidance for houses of worship, requiring them to “limit attendance to 25 percent of building capacity or a maximum of 100 attendees, whichever is lower.”Three days later, Mr. Newsom issued additional guidance for houses of worship, requiring them to “limit attendance to 25 percent of building capacity or a maximum of 100 attendees, whichever is lower.”
In a second Supreme Court brief, the church said the guidance again discriminated against religious groups.In a second Supreme Court brief, the church said the guidance again discriminated against religious groups.
“Plaintiffs’ sanctuary seats 600 persons, and each service normally brings in between 200 and 300 congregants,” the brief said. “Some of the larger houses of worship in California can seat 1,000 congregants or more. But under California’s guidelines, plaintiffs will only be permitted to welcome 100 congregants, with no explanation as to the justification for this arbitrary cap. In contrast, there is no percentage limitation for manufacturing and warehousing facilities — simply a social distancing requirement.”“Plaintiffs’ sanctuary seats 600 persons, and each service normally brings in between 200 and 300 congregants,” the brief said. “Some of the larger houses of worship in California can seat 1,000 congregants or more. But under California’s guidelines, plaintiffs will only be permitted to welcome 100 congregants, with no explanation as to the justification for this arbitrary cap. In contrast, there is no percentage limitation for manufacturing and warehousing facilities — simply a social distancing requirement.”
“A review of California’s sector-specific guidelines shows that the only two industries with percentage caps are retail and houses of worship,” the brief said, “and retail is set at a 50 percent cap. Offices, manufacturing, food packaging, museums, and every other sector has no percentage cap.”“A review of California’s sector-specific guidelines shows that the only two industries with percentage caps are retail and houses of worship,” the brief said, “and retail is set at a 50 percent cap. Offices, manufacturing, food packaging, museums, and every other sector has no percentage cap.”
Updated June 22, 2020 Updated June 24, 2020
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
The court also acted on a second case on Friday, that one brought by two Chicago-area churches, Elim Romanian Pentecostal Church and Logos Baptist Ministries. They said an order from Gov. J.B. Pritzker, a Democrat, discriminated against houses of worship.The court also acted on a second case on Friday, that one brought by two Chicago-area churches, Elim Romanian Pentecostal Church and Logos Baptist Ministries. They said an order from Gov. J.B. Pritzker, a Democrat, discriminated against houses of worship.
The order, lawyers for the churches told the Supreme Court, imposes “a unique 10-person limit on religious worship services that is not imposed on customers or employees of ‘big box’ retail stores, liquor stores, restaurants, office buildings, warehouses, factories or other businesses and activities which, like worship services, have been deemed ‘essential’” by Mr. Pritzker.The order, lawyers for the churches told the Supreme Court, imposes “a unique 10-person limit on religious worship services that is not imposed on customers or employees of ‘big box’ retail stores, liquor stores, restaurants, office buildings, warehouses, factories or other businesses and activities which, like worship services, have been deemed ‘essential’” by Mr. Pritzker.
Lower courts had refused to block the order, saying the distinctions it drew were sensible.Lower courts had refused to block the order, saying the distinctions it drew were sensible.
“Gatherings at places of worship pose higher risks of infection than gatherings at businesses,” wrote Judge Robert W. Gettleman of the Federal District Court in Chicago. “The congregants do not just stop by Elim Church. They congregate to sing, pray and worship together. That takes more time than shopping for liquor or groceries.”“Gatherings at places of worship pose higher risks of infection than gatherings at businesses,” wrote Judge Robert W. Gettleman of the Federal District Court in Chicago. “The congregants do not just stop by Elim Church. They congregate to sing, pray and worship together. That takes more time than shopping for liquor or groceries.”
A unanimous three-judge panel of the United States Court of Appeals for the Seventh Circuit, in Chicago, refused to stay Judge Gettleman’s ruling while the churches pursued an appeal.A unanimous three-judge panel of the United States Court of Appeals for the Seventh Circuit, in Chicago, refused to stay Judge Gettleman’s ruling while the churches pursued an appeal.
In a preliminary and unsigned assessment of the case, the panel wrote that “the executive order does not discriminate against religious activities, nor does it show hostility toward religion.”In a preliminary and unsigned assessment of the case, the panel wrote that “the executive order does not discriminate against religious activities, nor does it show hostility toward religion.”
“It appears instead to impose neutral and generally applicable rules,” the panel wrote. “The executive order’s temporary numerical restrictions on public gatherings apply not only to worship services but also to the most comparable types of secular gatherings, such as concerts, lectures, theatrical performances or choir practices, in which groups of people gather together for extended periods, especially where speech and singing feature prominently and raise risks of transmitting the Covid-19 virus.”“It appears instead to impose neutral and generally applicable rules,” the panel wrote. “The executive order’s temporary numerical restrictions on public gatherings apply not only to worship services but also to the most comparable types of secular gatherings, such as concerts, lectures, theatrical performances or choir practices, in which groups of people gather together for extended periods, especially where speech and singing feature prominently and raise risks of transmitting the Covid-19 virus.”
“Worship services,” the panel wrote, “do not seem comparable to secular activities permitted under the executive order, such as shopping, in which people do not congregate or remain for extended periods.”“Worship services,” the panel wrote, “do not seem comparable to secular activities permitted under the executive order, such as shopping, in which people do not congregate or remain for extended periods.”
On Thursday, Mr. Pritzker announced that he was lifting the 10-person limit on religious gatherings. That made the case moot, the state’s lawyers wrote in a Supreme Court brief.On Thursday, Mr. Pritzker announced that he was lifting the 10-person limit on religious gatherings. That made the case moot, the state’s lawyers wrote in a Supreme Court brief.
In response, the churches urged the court to rule, saying the governor remained free to change his mind. “Churches are one whim away from being once again subjected to the restrictions they challenge in this case and which the governor obviously still favors,” lawyers for the churches wrote.In response, the churches urged the court to rule, saying the governor remained free to change his mind. “Churches are one whim away from being once again subjected to the restrictions they challenge in this case and which the governor obviously still favors,” lawyers for the churches wrote.
In its order turning down the churches’ request on Friday, the Supreme Court noted the new guidance, adding that it would allow the churches to file “a new motion for appropriate relief if circumstances warrant.”In its order turning down the churches’ request on Friday, the Supreme Court noted the new guidance, adding that it would allow the churches to file “a new motion for appropriate relief if circumstances warrant.”