Abstract
On October 6, 2020, shortly before the Simchat Torah holiday, New York’s Governor Andrew Cuomo promulgated extensive lockdown requirements which all but eviscerated worship in areas heavily affected by COVID-19. The Executive Order instigated a suit by the Roman Catholic Diocese and the Agudath Israel of America claiming their religious rights had been violated. Turning its back on 225 years of public health law affirming the states police powers to protect the public health – even if this trespassed on constitutional rights, the dicta of the majority hagiographizes and expands constitutional rights to levels not seen before. This essay first contextualizes the decision in light of its timing. I then examine the dicta, contrasting judicial sentiment here to past historical decisions evaluating quarantine in prior epidemics. I then compare similar lockdown orders in Israel which did not invite the same religious push-back, and finally I examine the significant lacuna in scientific understanding demonstrated by the majority as significantly affecting the outcome.
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