Pandemic Restrictions & Religious Freedom

Why the Supreme Court got it right in overruling California’s draconian lockdown rules.

The United States has been dealing with the COVID-19 pandemic for over a year now. Some states — including my own, New Jersey — have been in varying stages of lockdown or otherwise heavily restricted for many of those past 365 days. California is a perhaps the exemplar of this lockdown approach, having drastically curtailed civil rights for millions of its citizens under the guise of Governor Gavin Newsom’s “emergency powers”. Just a week and a half ago, those restrictions — in California and by proxy elsewhere — were dealt a crushing blow by a majority of the Supreme Court. Much of the coverage of this important decision has been framed negatively, focusing on the religiosity of the petitioners, the fact that the decision was a split one, or decrying the Court’s ‘new direction’ after the death of Justice Ruth Bader Ginsburg. Some pundits have even gone as far as claiming that the Court’s decision “Doubles Down On Religious Rights Amid Pandemic,” or that the majority had ulterior motives for its decision, as they are all “ultraconservatives” whose decision “may kill people”. This is all utter nonsense. The Supreme Court absolutely made the right decision in this case when it comes to religious rights under the First Amendment and the government’s power to curtail them in times of crisis.

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