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Roman Catholic Diocese of Brooklyn, New York v. Cuomo

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Docket No. Op. Below Argument Opinion Vote Author Term
20A87 2nd Cir. Not Argued Nov 25, 2020 5-4 Per Curiam OT 2020

Holding: New York Gov. Andrew Cuomo is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on religious services during the COVID-19 pandemic, pending disposition of the appeal in the U.S. Court of Appeals for the 2nd Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought.

Judgment: Application for injunctive relief granted in a per curiam opinion on November 25, 2020. Justices Gorsuch and Kavanaugh filed concurring opinions. Chief Justice Roberts filed a dissenting opinion. Justice Breyer filed a dissenting opinion, joined by Justices Sotomayor and Kagan. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 12 2020Application (20A87) for injunctive relief, submitted to Justice Breyer.
Nov 12 2020Response to application (20A87) requested by Justice Breyer, due Wednesday, November 18, by 2 p.m.
Nov 16 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 amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by First Liberty Institute.
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 18 2020Motion for leave to file amici brief filed by American Medical Association, et al.
Nov 18 2020Response to application from respondent Andrew M. Cuomo, Governor of New York filed.
Nov 19 2020Letter of respondent Andrew M. Cuomo, Governor of New York received.
Nov 19 2020Reply of The Roman Catholic Diocese of Brooklyn, New York in support of application not accepted for filing. (November 19, 2020)
Nov 19 2020Reply of applicant the Roman Catholic Diocese of Brooklyn, New York filed.
Nov 25 2020Application (20A87) referred to the Court.
Nov 25 2020Application (20A87) granted by the Court. The application for injunctive relief presented to JUSTICE BREYER and by him referred to the Court is granted. Respondent is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on applicant 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. (Detached Opinion). JUSTICE GORSUCH, concurring. (Detached Opinion). JUSTICE KAVANAUGH, concurring.(Detached Opinion). CHIEF JUSTICE ROBERTS, dissenting. (Detached Opinion). JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. (Detached Opinion). JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins,dissenting. (Detached Opinion).