NY Covid limits: federal appeals court rules against rabbis and Diocese of Brooklyn (Religion Clause)

In a 2-1 decision, the US 2nd Circuit Court of Appeals has allowed Governor Andrew Cuomo to continue to enforce his geographically targeted Covid limits as the court considers an appeal of a lower court decision. In his dissent, Judge Michael Hun Park said that the “executive order does not impose neutral public-health guidelines, like requiring masks and distancing or limiting capacity by space or time. Instead, the Governor has selected some businesses (such as news media, financial services, certain retail stores, and construction) for favorable treatment, calling them ‘essential,’ while imposing greater restrictions on ‘non-essential’ activities and religious worship. Such targeting of religion is subject to strict scrutiny.”