Lawyers for the diocese questioned “the fluid nature of these modifications and the curious timing of the governor’s latest modification,” and they urged the court to decide the case notwithstanding the revisions. Lawyers for the synagogues said Mr. Cuomo should not be allowed to “feign retreat” when “he retains the unfettered discretion to reimpose those restrictions on them at a moment’s notice.”In a dissenting opinion on Wednesday, Chief Justice Roberts said the court had acted rashly. “But he also might not. And it is a significant matter to override determinations made by public health officials concerning what is necessary for public safety in the midst of a deadly pandemic. If the governor does reinstate the numerical restrictions the applicants can return to this court, and we could act quickly on their renewed applications.”In a second dissent, Justice Sonia Sotomayor, joined by Justice Elena Kagan, said Mr. Cuomo’s restrictions were sensible.

Source: New York Times November 26, 2020 05:36 UTC