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Agudath Israel of America v. Cuomo

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Application for stay granted in part on Nov. 25, 2020

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Docket No. Op. Below Argument Opinion Vote Author Term
20A90 2d Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether Executive Order 202.68 by Gov. Andrew Cuomo (D-N.Y.) violates the free exercise clause as targeting and a religious gerrymander when Cuomo made clear through unambiguous statements that the order was targeted at a religious minority’s practices and traditions; and (2) whether the provisions of that order limiting in-person “house of worship” attendance to 10 or 25 people, while allowing numerous secular businesses to operate without any capacity restrictions, violate the free exercise clause on its face by disfavoring worship.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 16 2020Application (20A90) for injunctive relief, submitted to Justice Breyer.
Nov 16 2020Response to application (20A90) requested by Justice Breyer, due Friday, November 20, by 2 p.m.
Nov 17 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Americans United for Separation of Church and State, et al.
Nov 17 2020Motion for leave to file amici brief filed by Muslim Public Affairs Council, et al.
Nov 17 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Center for Constitutional Jurisprudence.
Nov 19 2020Motion for leave to file amicus brief filed by American Medical Association, et al.
Nov 20 2020Response to application from respondent Andrew M. Cuomo, Governor of New York filed.
Nov 20 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by First Liberty Institute.
Nov 20 2020Motion for leave to file amici brief filed by Roman Catholic Archdiocese of Saint Paul and Minneapolis, et al.
Nov 20 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Ethics and Religious Liberty Commission.
Nov 22 2020Reply of applicants Agudath Israel, et al. filed.
Nov 25 2020Application (20A90) referred to the Court.
Nov 25 2020The application for injunctive relief presented to Justice Breyer and by him referred to the Court is granted in part. Respondent is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on applicants, including Agudath Israel of America’s current New York-based affiliates, pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Chief Justice Roberts, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Roberts, C. J., dissenting). Justice Breyer, with whom Justice Sotomayor and Justice Kagan join, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Breyer, J., dissenting). Justice Sotomayor, with whom Justice Kagan joins, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Sotomayor, J., dissenting).