Justice Kavanaugh Refuses To Enjoin Illinois District Court's Upholding of COVID-19 Limits On Political Gatherings

As previously reported, on July 2 an Illinois federal district court rejected arguments by state and local Republican organizations that the governor's COVID Order placing more restrictions on political party gatherings than religious gatherings violates the First and Fourteenth Amendments. On July 3, the U.S. 7th Circuit Court of Appeals denied plaintiffs' application for a injunction pending appeal. Plaintiffs immediately filed an Emergency Application for an Injunction (full text) with the U.S. Supreme Court, through a filing with Justice Kavanaugh who is Circuit Justice for the 7th Circuit.  The petition requested relief by 5:00 pm on July 4. On July 4, Justice Kavanaugh denied the request. Washington Examiner reports on the Supreme Court's action.

Kavanaugh's Judicial Record On Religion Issues

To assist in evaluation of Supreme Court nominee Brett Kavanaugh's church-state and religious liberty views, here are all the D.C. Circuit cases involving these issues in which Kavanaugh was one of the judges deciding the case. Cases designated by an asterisk are ones in which Kavanaugh authored an opinion:

Estate of Coll-Monge v. Inner Peace Movement, 524 F.3d 1341 (2008)

* Chaplaincy of Full Gospel Churches v. United States Navy (In re Navy Chaplaincy), 534 F.3d 756 (2008) [majority opinion]

St. John's United Church of Christ v. FAA, 550 F.3d 1168 (2008)

Kaemmerling v. Lappin, 553 F.3d 669 (2008)

* Newdow v. Roberts, 603 F.3d 1002 (2010)[concurring opinion]

Daniel Chapter One v. FTC, 405 Fed. Appx. 505 (2010)

* Mahoney v. Doe, 642 F.3d 1112 (2011) [concurring opinion]

United States v. Moore, 651 F.3d 30 (2011)

Chaplaincy of Full Gospel Churches v. United States Navy (In re Navy Chaplaincy), 738 F.3d 425 (2013)

In re Charges of Judicial Misconduct, 769 F.3d 762 (2014)

* Priests for Life v. United States HHS, 808 F.3d 1 (2015) [dissenting opinion]

Preliminary Analyses of SCOTUS Nominee Brett Kavanaugh's Religious Liberty Positions

President Trump last night announced that he will nominate D.C. Circuit Judge Brett M. Kavanaugh to Justice Anthony Kennedy's seat on the U.S. Supreme Court.  Last week, National Review ran this analysis of Judge Kavanaugh's record on religious liberty and church-state issues. The Federalist also ran an analysis, more critical of Kavanaugh's record in this regard.

The Washington Post last night ran an article titled: Judge Brett Kavanaugh — a Catholic — faces a historical struggle between canon and constitutional law

Also last week, Daniel Cardinal DiNardo, President of the United States Conference of Catholic Bishops sent a letter (full text) decrying attempts to generate opposition of any Supreme Court nominee based on his or her views on Roe v. Wade. The letter reads in part:

There is no doubt that the Catholic Church stands out for its commitment to the right to life from conception until natural death.  This ethic has profound consequences not only for abortion, but for many other areas of life, including the death penalty, the application of scientific research to human subjects, the right to adequate health care, and the role of the state in promoting the common good.  Our civil society will be all the poorer if Senators, as a matter of practice, reject well-qualified judicial nominees whose consciences have been formed in this ethic.

UPDATE: Americans United has also prepared a report (full text) on Kavanaugh's church-state and religious liberty record. In addition to opinions, the report identifies relevant briefs and a lecture.