U.S. Appeals Court Hands Cuomo Second Defeat Over Church Gatherings

U.S. Appeals Court Hands Cuomo Second Defeat Over Church Gatherings

U.S. Appeals Court Hands Cuomo Second Defeat Over Church Gatherings

Andrew Cuomo received his second defeat regarding his arbitrary rules limiting church gatherings. The 2nd U.S. Court of Appeals, in a 3-0 ruling, put the kibosh on Cuomo’s religious gathering dictates.

“The governor limited attendance to the lesser of 10 people or 25% capacity in “red” zones where the coronavirus risk was highest, and 25 people or 33% capacity in slightly less risky “orange” zones, even in buildings that seat hundreds.

Circuit Judge Michael Park said the plaintiffs established irreparable harm by showing the restrictions impaired their free exercise of religion.

He also said “no public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal.””

I’ll admit it. I laughed when I saw the news. Andrew Cuomo has specifically targeted the religious community across the state of New York throughout this entire Covid flu virus debacle. His arbitrary dictatorial rules have caused significant harm to the religious community and specifically the Jewish communities across the state. 

The key line in the ruling, which you can find here, is THIS: “even in a pandemic, the Constitution cannot be put away and forgotten.” [Emphasis Added]

Yet Cuomo has not only stomped all over the Constitution throughout all of this, he has drug it through the sewer.

Cuomo has already suffered one defeat regarding his ban on church and religious gatherings. 

His response to the ruling by the United States Supreme Court? 

Justice Gorsuch said the following regarding Cuomo’s Covid rules against churches and religious gatherings. 

“Indeed, the Governor is remarkably frank about this: In his judgment laundry and liquor, travel and tools, are all “essential” while traditional religious exercises are not. That is exactly the kind of discrimination the First Amendment forbids.””

The New York Times opinion page got a clue and announced that SCOTUS was correct and Cuomo was wrong. 

Andrew Cuomo and Chief Justice Roberts tried to use the excuse that the limits were lifted and so the case was a non-starter. I beg to differ. Cuomo put the limits on church and religious gatherings. Those limits were Constitutionally wrong on all levels. The case is about the fact that the limits were imposed in the FIRST PLACE, 

Andrew Cuomo is power mad and the Covid flu virus has given him the excuse to run roughshod over the Constitutional rights of every citizen of New York State. It’s a known fact that he sent Covid patients into nursing homes, leading to that state having the highest number of nursing home deaths compared to any other state in the country. It’s a known fact that his rules are for the little people while he gets to figure out how to go to the Buffalo Bill’s playoff games. It’s a known fact that he’s also now going to put DRUG ADDICTS ahead of our elderly in nursing homes! 

Supposedly, according to those who dissented on the SCOTUS decision right at Thanksgiving, COVID means that we should respond by throwing away all our freedom as long as our freedoms are taken away EQUALLY. The problem is, Cuomo has not been equal regarding ANY of his decisions to lock down that state. 

Andrew Cuomo is probably fuming mad at this decision. But he brought it upon himself. The 2nd Circuit has ordered the lower court to review “under strict scrutiny” whether Cuomo’s 25% and 33% limits of religious and church gatherings were Constitutional. 

One thing has happened during this entire Wuhan flu virus mess. Americans all over have discovered what many of us have already known. Democrats LOVE power, and given the chance, they will wield their power bats freely. Cuomo is a prime example. He has killed small businesses, especially restaurants, across the state. He has blatantly gone after churches and synagogues – even as we find that they along with restaurants and schools are the least of these when it comes to the spread of this damned lung rot. 

It is evident that between the U.S. Supreme Court decision in November and the 2nd Circuit’s decision yesterday that we do have some in our judiciary who are willing to step up and defeat Andrew Cuomo’s power grab against church and religious gatherings. They are following our Constitutional right to Freedom of Religion while Andrew Cuomo wants it stomped into oblivion. 

A win for religious freedom happened yesterday. The battle continues for sure, but Cuomo has now lost twice, and that’s a GOOD THING.

Feature Photo Credit: Constitution gavel by zimmytws Royalty-free stock photo ID: 1187198125 via Shutterstock, cropped and modified

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  • GWB says:

    The New York Times opinion page got a clue
    When you’ve lost the NYT on un-constitutional tyranny….

    It’s a known fact that he’s also now going to put DRUG ADDICTS ahead of our elderly in nursing homes!
    Because they’re crowded in there, and we don’t want them un-rehabing or something.
    (Personally I’m not certain how effective this vaccine will be on the elderly in nursing homes. The two currently being distributed are mRNA based, and affect the T-cells, instead of producing antibodies. Given they are in nursing homes, I would guess their T-cells are not in great shape, and won’t be very effective fighting the virus. They will need antibodies, instead. But that’s just logic-chain thinking, not research.)

    whether Cuomo’s 25% and 33% limits of religious and church gatherings were Constitutional
    Really, the problem isn’t the percentages, but the “lesser of” bit, limiting them to 10 or 25 individuals. (IOW, if your sanctuary can handle 100 people by code, you can’t have 25 people in it [“red” zone], but only 10.) That’s where the inequality comes in, as other places are simply limited based on their capacity.

    but Cuomo has now lost twice
    Notice it hasn’t stopped him, however. As Jackson was supposed to have said, “Now let him enforce it.”
    (If we want it stopped, WE will have to stop it, ultimately. I’m not sure the people want it stopped.)

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