I want to pick up on the 'emergency relief' aspect, because this is yet another example of SCOTUS's "shadow docket" where they decide cases without full proceedings.
Unsurprisingly, they botched the facts of COVID restrictions in California.
/1
Unsurprisingly, they botched the facts of COVID restrictions in California.
/1
https://twitter.com/mjs_DC/status/1358112651432312832
Gorsuch, joined by Thomas & Alito, couldn't figure out the rules for singing in movie productions, so inexplicably decided the issue in the church's favor.
Barrett, joined by Kavanaugh, held it was "unclear," but recognized the church bore the burden.
They're all wrong.
/2
Barrett, joined by Kavanaugh, held it was "unclear," but recognized the church bore the burden.
They're all wrong.
/2
As California pointed out in its brief, and the Ninth Circuit recognized, the film industry has onerous safety protocols that the church doesn't have and never said they'd adopt. It's not comparable.
And anyway they've also been prohibited from singing indoors since November.
/3
And anyway they've also been prohibited from singing indoors since November.
/3
There's a lot wrong with the court's order, as Kagan laid out in her dissent. But it was also just downright sloppy: in their rush to intervene and blow up pandemic mitigation measures, 5 GOP Justices botched a basic fact and 3 of them got the burden of persuasion backwards.
/end
/end
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