Roman Catholic Diocese of Brooklyn, New York v. Cuomo

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Agudath Israel of America v. Cuomo

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

Justices lift New Yorks COVID-related attendance limits on worship services (Amy Howe, November 26, 2020)
New York tells justices not to intervene in conflict over attendance limits at worship services (Amy Howe, November 20, 2020)
New York synagogues ask justices to lift attendance limits (updated) (Amy Howe, November 16, 2020)
Brooklyn Catholic diocese asks justices to block limits on attendance at church services (Amy Howe, November 12, 2020)

Date	Proceedings and Orders (key to color coding)
11/12/2020	Application (20A87) for injunctive relief, submitted to Justice Breyer.
11/12/2020	Response to application (20A87) requested by Justice Breyer, due Wednesday, November 18, by 2 p.m.
11/16/2020	Motion 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.
11/17/2020	Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by First Liberty Institute.
11/17/2020	Motion 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.
11/18/2020	Motion for leave to file amici brief filed by American Medical Association, et al.
11/18/2020	Response to application from respondent Andrew M. Cuomo, Governor of New York filed.
11/19/2020	Letter of respondent Andrew M. Cuomo, Governor of New York received.
11/19/2020	Reply of The Roman Catholic Diocese of Brooklyn, New York in support of application not accepted for filing. (November 19, 2020)
11/19/2020	Reply of applicant the Roman Catholic Diocese of Brooklyn, New York filed.
11/25/2020	Application (20A87) referred to the Court.
11/25/2020	Application (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).