First Amendment Rights Win

A big win for First Amendment Rights in America! The United States Supreme Court (SCOTUS) shot down New York Democratic Gov. Andrew Cuomo’s injunction on religious institutions as he used the coronavirus pandemic to shut down gatherings and religious services.

In a 5-4 decision the court called Cuomo’s orders ‘discriminatory.’ Gov. Cuomo held an October 2020 press conference and wasted no time showing his true colors. He specifically targeted religious institutions by saying: 

“We know religious institutions have been a problem” and that “mass gatherings are the super spreader events. There have been mass gatherings going on in concert with religious institutions in these communities for weeks.”

So from the outset we can see what Gov. Cuomo really thinks about the religious community and the First Amendment. 

Propaganda

Cuomo went on to show pictures ‘proving’ that members of the Jewish community were gathering in masses while hurling the newest leftist slur calling them ‘super spreaders.’ The photos were nothing more than propaganda.

Why?  Because those images turned out to be from a 2006 funeral.

Governor Cuomo specifically stated in the press conference that, “These photos are just from the last couple of weeks.” 

This is nothing new for the liberal left.  They care not to falsify information only to provide an ‘oops we’re sorry we lied to you’ when they are proven to be using fraudulent information.

Governors and mayors across the country are overstepping their boundaries with outrageous executive orders locking down businesses and schools. 

There is a specific reason they have been dubbed the ‘Fake News!’

John Roberts Sides With Liberals…Again

Chief Justice John Roberts, a George W. Bush appointee in 2005, has turned out to be the liberals best friend. 

In this decision he sided with the tyrranic Cuomo and joined fellow liberal minded justices Sonia Sotomayor, Stephen Breyer, and Elena Kagan.  

Justices siding with the Constitution and providing religious freedom (ironically they all should be) were Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, Samuel Alito, and the newest member of the court, Amy Coney Barrett. Thank you President Donald J. Trump!

Concurring Statements

In a majority statement the justices wrote the restrictions placed by Cuomo were:

“far more restrictive than any Covid-related regulations that have previously come before the Court, much tighter than those adopted by many other jurisdictions hard hit by the pandemic, and far more severe than has been shown to be required to prevent the spread of the virus.”

Justice Kavanaugh wrote in his concurring opinion that, “the New York restrictions on houses of worship are not tailored to the circumstances given the First Amendment interests at stake.”

Judge Gorsuch wrote in his opinion, “That is exactly the kind of discrimination the First Amendment forbids.”  He also made the point of Cuomo’s hypocritical conundrum saying that, “laundry and liquor, travel and tools, are all ‘essential’ while traditional religious exercises are not.”

Gorsuch’s Zinger 

Gorsuch’s most jabbing statement was this: “So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pick up another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians.”

Dissenters AKA Non-Constitutionalists

In a pivot away from the constitution the liberal leaning judges dissented toward the ‘health emergency.’  Justice Sotomayor wrote, “Justices of this Court play a deadly game in second-guessing the expert judgment of health officials about the environments in which a contagious virus, now infecting a million Americans each week, spreads most easily.”

Gov. Cuomo jumped in on the dissent, even though he didn’t get an official vote.  But that’s how he rolls.  He wants to feel important and to be a decisive factor even when he isn’t.  

Cuomo said that the decision was ‘moot’ and ‘irrelevant from any practical impact.’ This is because the religious institutions that brought the case are no longer under restrictions.  He went on to say that even though the case was heard by the SCOTUS, it is not a final decision and would go back to a lower court. 

Justice Roberts did say that the rules placed by Cuomo were ‘unduly restrictive’ but since the rules were no longer in place felt the need to dissent.  Or felt the need to vote along party lines with his black robed liberal friends. 

Why It Matters

This is a massive win for the Constitution and the First Amendment rights of ALL Americans.

This can be a significant case to pull from the files when religious freedom comes under attack again.

It won’t be long, I am sure of it!