This is a helpful discussion by @MAHelfand and @NDiament of what the Groff oral argument included and more importantly did not include: It was quite fun working with them on the amicus brief we at the @PeppLaw Religious Liberty Clinic filed for @OUAdvocacy in the appeal: supremecourt.gov/DocketPDF/22/2…

Today’s ruling tells the state that they cannot exclude religious institutions from public benefits because they are religious. @BECKETlaw filed a friend-of-the-court brief in the case making exactly that argument: becketnewsite.s3.amazonaws.com/Becket-Carson-… Over the coming months, much will be said about the effects of this ruling on the role of religious schools in American society. But here are a few quick observations on the opinion today:

Good news from #SCOTUS today on religious freedom for employees who seek to follow their faith. Today in @BECKETlaw’s Hedican v. Walmart case, #SCOTUS sent the case back to the Seventh Circuit for another look after its recent decision in Cameron v. EMW Women’s Surgical Center: supremecourt.gov/orders/courtor…

BREAKING: #SCOTUS rules California must immediately allow houses of worship to reopen at 25% of occupancy, ending California's ban on indoor worship, which had been the only one in the country. Will add to this thread shortly.
supremecourt.gov/opinions/20pdf… Court rules 6-3 that California must end the worship ban in Tier 1 counties, also known as the “purple tier”, currently 54 out of 58 counties. California can however limit houses of worship to 25% of normal occupancy in Tier 1.

The issue of clergy in the death chamber may be headed back to #SCOTUS next week. Alabama is set to execute a Christian prisoner on Feb. 11 but is refusing to allow his pastor to accompany him to the death chamber. Last week an Alabama federal court denied the prisoner's request for clergy access, and the prisoner has now made an emergency appeal to the 11th Circuit. s3.amazonaws.com/becketnewsite/…

NYT is out today with an exposé article reporting that many of Gov. Cuomo’s COVID orders were not designed by public health officials but instead by the Governor’s staff. Big implications for the California COVID cases currently pending before #SCOTUS. nytimes.com/2021/02/01/nyr… Many disturbing revelations in the article, including that “state health officials said they often found out about major changes in pandemic policy only after Mr. Cuomo announced them at news conferences—and then asked them to match their health guidance to the announcements.”

The Supreme Court may soon decide whether California’s COVID-related ban on indoor worship—the only one in the nation—can be squared with the Free Exercise Clause. Here’s a thread on what may happen. There is already one emergency application seeking relief from California’s worship ban – Gish v. Newsom, No. 20A120, which was fully briefed as of January 14. supremecourt.gov/search.aspx?fi…

1/After last night’s win for the Buddhist prisoner at #SCOTUS, everyone is asking the same question: Why did the Buddhist case (Murphy) turn out differently from the Muslim case (Ray) just seven weeks ago? 2/Some say it’s anti-Muslim bias. Not so. Just 4 years ago @BECKETlaw won a major religious freedom case 9-0 at #SCOTUS for a Muslim prisoner who wanted to grow a beard. becketlaw.org/case/holt/