Barrett casts the fifth vote to lift COVID restrictions on houses of worship in NY. Roberts dissents.
The new five-justice ultraconservative majority takes shape for the first time.
The new five-justice ultraconservative majority takes shape for the first time.
https://twitter.com/steve_vladeck/status/1331943794040823808
Aside from the outcome, what’s most remarkable here is the brawl between Gorsuch and Roberts. Gorsuch attacks Roberts head-on, accusing him of trying to “shelter in place when the Constitution is under attack.” Roberts responds with a withering attack on Gorsuch’s candor.
Gorsuch (left) plays amateur scientist, saying NY must open houses of worship if it opens liquor stores and bike shops. Sotomayor (right), citing the actual science, says Gorsuch is playing “a deadly game in second guessing the expert judgment of health officials.” 
Here’s Sotomayor reminding everybody that the Supreme Court’s alleged vigilance against religious discrimination did not extend to Trump’s “Muslim ban.”
This footnote from Sotomayor sums up the case. The Supreme Court just blocked NY COVID restrictions on houses of worship *that are not even in effect right now* because infections have slowed. But now, if infections rise again, NY will be powerless to impose new restrictions.
Five justices wrote separate opinions in this case, but who remained silent? Amy Coney Barrett, who cast the decisive fifth vote blocking NY’s covid restrictions. A smart strategic move to stay out of the spotlight even though she made all the difference. supremecourt.gov/opinions/20pdf…
Here’s Roberts’ full response to Gorsuch, which includes a defense of the three liberal justices (whose integrity Gorsuch impugns). It’s a pretty devastating retort. supremecourt.gov/opinions/20pdf…
I have no idea what Gorsuch was thinking when he lit into the Chief Justice like that. It is a huge tactical error for Gorsuch to bite Roberts’ head off in a nasty opinion accusing him of betraying his judicial obligations. Snide, petty rhetoric unbecoming of a SCOTUS justice.
At the same time, this decision marks the beginning of a new era in which Roberts’ vote doesn’t really matter. The five ultraconservative justices can do whatever they want without him—as they just demonstrated. Maybe Gorsuch is simply rubbing that fact in Roberts’ face.
Here’s what we know for sure: It’s now open season on COVID restrictions at the Supreme Court. Churches around the country will challenge these rules and win. The days of COVID limits on church attendance are ending—just as we enter a dangerous new phase of infections.
And don’t forget: This radical shift in the Supreme Court’s view on COVID restrictions is attributable entirely to Amy Coney Barrett.
It’s a new day at SCOTUS. The Constitution is in the hands of five justices to the right of John Roberts. We are in serious trouble.
It’s a new day at SCOTUS. The Constitution is in the hands of five justices to the right of John Roberts. We are in serious trouble.
https://twitter.com/mjs_dc/status/1331995701954437120
The investment is already paying off.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
