Supreme Court On Religious Freedom
BY Herschel Smith
3 years, 8 months ago
PJM.
“Applicants are likely to succeed on the merits of their free exercise claim; they are irreparably harmed by the loss of free exercise rights ‘for even minimal periods of time’; andthe State has not shown that ‘public health would be imperiled’ by employing less restrictive measures,” the Supreme Court ruled. “Accordingly, applicants are entitled to an injunction pending appeal.”
[ … ]
… “even if the government withdraws or modifies a COVID restriction in the course of litigation, that does not necessarily moot the case. And so long as a case is not moot, litigants otherwise entitled to emergency injunctive relief remain entitled to such relief where the applicants ‘remain under a constant threat’ that government officials will use their power to reinstate the challenged restrictions.”
Whatever. Even a blind squirrel finds a nut from time to time. Any decision that doesn’t recognize the God-given right and duty of Christians to worship completely free from hindrance by the state is still weak.
The really interesting thing to me is this bit: ” … litigants otherwise entitled to emergency injunctive relief remain entitled to such relief where the applicants ‘remain under a constant threat’ that government officials will use their power to reinstate the challenged restrictions.”
And no, that wasn’t what the Supreme Court said when they dismissed the case of NY Rifle and Pistol Association against NY on the basis of removal of the restrictions on travel, thus making the claims moot.
Because rules are for little people, and consistency is the hobgoblin of small minds.
On April 12, 2021 at 5:45 am, Wes said:
Thanks sir at the last for mentioning the NY gun case. When I read that word salad over the weekend my first thought was “wait a minute, if a case isn’t rendered moot….”
Let this be proof positive that, in the court’s mind, some rights remain more equal than others (and the kompromat weighs heavy on Roberts).
On April 12, 2021 at 11:56 am, Jacob said:
IIRC, the reason NYSRPA was mooted was because they passed legislation to change the rule, rather than just an arbitrary statement from NYPD that they would stop enforcing the laws on the books (as they initially tried). The COVID restrictions were never passed through the legislature, and are constantly shifting,
On April 12, 2021 at 12:04 pm, Herschel Smith said:
Oh. I see. And legislation can’t be changed later, only “statements.” Okay.
On April 12, 2021 at 12:37 pm, Fred said:
Conservatism has conserved exactly nothing. The Republican party is dead. Constant defense while never taking the field is a loser from the start. The right is weak of mind and spirit. They will go to the camps with nothing but a whimper, if that.
On April 13, 2021 at 8:13 am, Backwoods Engineer said:
Fred– as a FORMER “capital-R” Republican– I will NOT be going to the camps. I may die resisting with my family, but I will NOT be going to the camps.