A Failure of Analysis

The following piece for members is from Robert M. Shore, who as a partner of Raines Feldman LLP focuses on appellate work and constitutional law.

Just before Thanksgiving, the Supreme Court’s issued a dead-of-night decision intended to signal sharp limits on government’s ability to limit religious services in the name of pandemic safety. Shortly before midnight Wednesday night, the Court issued an emergency injunction preventing New York State from imposing strict numerical limits on worship services — limits that New York had already lifted. In the words of Chief Justice Roberts, the Court was “telling the Governor not to do what he’s not doing.”