Laurence Tribe and Michael Dorf write about the Supreme Court ruling that puts “religious freedom” ahead of public health:
… Read the restThe Roman Catholic Diocese ruling is also far-reaching in its substance. The unsigned majority opinion decries what it deems discrimination against religion because worship services were subject to capacity limits while some essential business were not. Likewise, Justice Neil Gorsuch complains in a concurrence that under some circumstances, New Yorkers in a hot zone were permitted to crowd into a liquor store or a bike shop but not a church, synagogue or mosque. Justice Brett Kavanaugh registers the same complaint about grocery stores and pet shops.
Those comparisons are inapt. Government discriminates illicitly when it fails to treat like cases alike.
