As coronavirus cases surge again nationwide the Supreme Court late Wednesday barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
The justices split 5-4 with new Justice Amy Coney Barrett in the majority. It was the conservative's first publicly discernible vote as a justice. The court's three liberal justices and Chief Justice John Roberts dissented.
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The move was a shift for the court. Earlier this year, the justices divided 5-4 to leave in place pandemic-related capacity restrictions affecting churches in California and Nevada.
The court's action Wednesday could push New York to reevaluate its restrictions on houses of worship in areas designated virus hot spots. But the impact of the court's action is also muted because the Catholic and Orthodox Jewish groups that sued to challenge the restrictions are no longer subject to them.
The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated red and orange zones. In those red and orange zones, the state had capped attendance at houses of worship at 10 and 25 people, respectively. But the those particular areas are now designated as yellow zones with less restrictive rules neither group challenged.