Universal Life Church Can Move Ahead In Challenge To Tennessee Ban On Marriages By Those Ordained Online

 In Universal Life Church Monastery Storehouse v. Nabors, (MD TN, Dec. 22. 2020), a Tennessee federal district court held that the Universal Life Church and two of its ministers have standing to challenge Tennessee's ban on solemnization of marriages by clergy who received online ordination. It also held that the state Attorney General, District Attorney Generals and County Clerks (but not the Governor) are proper defendants.

Appellate Court Upholds New York City Measles Vaccination Order

 In C.F. v. New York City Department of Health and Mental Hygiene, (App. Div., Dec. 23, 2020), a New York state appellate court upheld New York City's 2019 Order requiring everyone residing in certain areas of Brooklyn to be vaccinated against measles. An outbreak of the disease had occurred in that area. The court said in part:

The resolution was within the authority of the Board of Health of the Department of Health and Mental Hygiene to make and the resolution itself did not violate any right of the petitioners, including their freedom of religion....

The petitioners profess to hold religious beliefs that hold that a healthy body should not assimilate foreign objects, including vaccine ingredients...

While there are recent decisions of the United States Supreme Court which have reflected a greater solicitude to claims for religious exemptions from neutral, generally applicable laws than had previously been articulated (see e.g. Little Sisters of the Poor Saints Peter & Paul Home v Pennsylvania...; Burwell v Hobby Lobby Stores, Inc....), those cases were not decided under the First Amendment, but under the federal Religious Freedom Restoration Act of 1993....

The petitioners rely on language from Justice Gorsuch's concurrence in Masterpiece Cakeshop, joined by Justice Alito, which characterized the Smith rule as "controversial in many quarters".... While it is certainly conceivable that the United States Supreme Court may, in some future case, reconsider the standard for addressing a religious objector's challenge to neutrally applicable laws, we are bound to apply the constitutional principles as they now exist, rather than engage in a projection as to what principles may evolve in the future....

We believe that the Free Exercise Clause does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability, even if the law has the incidental effect of burdening a particular religious practice.

Court Again Refuses To Enjoin California's COVID Limits On Church Services

In a case in which the U.S. Supreme Court previously refused to grant injunctive relief, a California federal district court again denied a preliminary injunction against California's COVID orders to a church seeking to hold indoor services. In South Bay United Pentecostal Church v. Newsom, (SD CA, Dec. 21, 2020), the court said in part:

In drawing this difficult balance between religious liberty and public health, the Court must follow the higher courts’ precedents, when the precedents seem to change course as quickly as the various pandemic restrictions. Admittedly, this has been a rapidly evolving—and escalating—pandemic. And in this very case, the Supreme Court declined to intervene after the Court refused to enjoin California’s prior regulation. Now, by all measures, the pandemic is worse and more out of control in Southern California than when that decision was made. Nevertheless, the Court is tasked with deciding whether Chief Justice Roberts’ rationale for not intervening in this case has now “expired,” as Justice Gorsuch’s recent concurrence in another case suggests. See Roman Catholic Diocese of Brooklyn v. Cuomo...

California has carefully designed the different exemptions to match its goal of reducing community spread, based on a neutral, seven-factor risk analysis. The Court does not find that California’s Regional Stay at Home Order is underinclusive as to exceed the boundaries drawn by the First Amendment. Therefore, based on the record before the Court, Plaintiffs are not likely to show that the Regional Stay at Home Order restricts more than is necessary to advance the California’s compelling interest in reducing community spread.

Fox5 News reports on the decision.

1st Circuit: Church's Appeal of TRO Denial Is Dismissed

 In Calvary Chapel of Bangor v. Mills, (1st Cir., Dec. 22, 2020), the U.S. 1st Circuit Court of Appeals dismissed a church's interlocutory appeal of the district court's denial of a temporary restraining order against enforcement of the Maine governor's COVID Orders that prohibited the gathering of more than ten people for faith-based events. The court concluded that denial of a temporary restraining order-- before the district court rules on a preliminary injunction request-- here is not appealable, even though both parties contended that this case fell within an exception to that rule.  The court said in part:

The Chapel contends that the district court's decision to deny it a temporary restraining order functionally precluded any possibility of a preliminary injunction. This contention elevates hope over reason....

... [T]he absence of immediate appealability — like the denial of the temporary restraining order itself — will not cause serious harm. Given the gravity of the situation and the fact that events remained in flux, we discern no sufficient basis for finding that the Chapel can satisfy the second of the three requirements for immediate appealability of a temporary restraining order. In this regard, we deem it important that the Chapel retained other means to organize worship services for its congregants, including the sponsorship of online worship services, the holding of drive-in services, and the hosting of gatherings of ten or fewer people.

6th Circuit Refuses Injunction Pending Appeal Of Religious School Closure Order

 In Pleasant View Baptist Church v. Beshear, 2020 U.S. App. LEXIS 40077 (6th Cir., Dec. 21, 2020), the U.S. 6th Circuit Court of Appeals refused to issue a preliminary injunction pending appeal of a COVID Order by the Kentucky governor which, among other things, barred in-person instruction in  religious schools until January 4. The court said that the Order was about to expire of its own terms. Judge Donald filed a concurring opinion which expressed concern with one of plaintiff's arguments:

Fundamental to Christian School Plaintiffs' argument in this emergency appeal is that under the Free Exercise Clause of the First Amendment, EO 2020-969 burdens their "hybrid rights." That is, the order burdens both their Free Exercise rights and other constitutional rights, a combination that, they contend, triggers an exception to Smith and subjects even neutral laws of general applicability to strict scrutiny....

We have had no reason to re-consider our view that Smith's discussion of "hybrid rights" was anything but dicta.

The Constitution is not a mixing bowl for rights that when considered in the aggregate are entitled to a higher level of scrutiny compared to when those exact same rights are viewed in isolation.

... I provide the foregoing analysis ... to highlight what I see as a troubling trend in the use of the Court's emergency docket....

I do not see an emergency appeal as the proper forum to advocate for abrupt and sweeping change to well-settled federal law.

On Remand From SCOTUS, California COVID Limits On Worship Services Again Upheld

In Harvest Rock Church, Inc. v. Newsom, (CD CA, Dec. 21, 2020), a California federal district court, in a case on remand from the U.S. Supreme Court, upheld California's COVID restrictions on houses of worship. The Supreme Court had called for reconsideration in light of its recent decision in Roman Catholic Diocese of Brooklyn v. Cuomo. The district court, distinguishing both Supreme Court and 9th Circuit cases, said in part:

The law remains that courts must first assess whether a law is “neutral or generally applicable.” Smith, 494 U.S. at 881. The Court finds that California’s Blueprint is. The Blueprint offers something the New York and Nevada Orders did not: the ability to legally congregate in unlimited numbers for worship—so long as that worship occurs outside. In so doing, the Blueprint treats religious activity better than comparable secular activity and even better than essential services. This is distinct from both the New York and Nevada restrictions and compels the conclusion that the Blueprint is neutral....

California’s Blueprint is also painstakingly tailored to address the risks of Covid-19 transmission specifically....

The First Amendment has not taken a sabbatical. Californians may still worship, attend services, pray, and otherwise exercise their religious freedoms. They just may not do so in ways that significantly increase the likelihood of transmission of a virus which has claimed more than three hundred thousand American lives in less than one year. The Constitution is not a suicide pact. The First Amendment may not be used to make it one.

Courthouse News Service reports on the decision.

UPDATE: Over the objection of Judge O'Scannlain, the U.S. 9th Circuit Court of Appeals in Harvest Rock Church, Inc. v. Newsom, (9th Cir., Dec. 23, 2020), set a briefing schedule for the Church's motion for an injunction pending appeal that failed to grant temporary relief by Christmas.

New Hampshire Supreme Court Says State Constitution Requires Strict Scrutiny of Free Exercise Infringements

In State of New Hampshire v. Mack, (NH Sup. Ct., Dec.  22, 2020), the New Hampshire Supreme Court held that the state Constitution's elaborate guarantee of free exercise of religion so long as one does not "disturb the public peace" should be read to require strict scrutiny.  The court vacated a trial court's refusal to dismiss a drug prosecution brought against defendant who was a member of the Oklevueha Native American Church. Defendant was convicted of possession of psilocyn and psilocybin for use in religious rituals. The court concluded that the state constitution gives greater free exercise protection against burdens from neutral generally applicable laws than does the U.S. Constitution under the Smith case. The court said in part:

We ... conclude that when religious practices violate a generally applicable law, our State Constitution ... demands that “there . . . be a balancing of [the] competing interests.” ...  [W]e choose to adhere to our traditional formulation of strict judicial scrutiny — requiring the State to demonstrate that its action is “necessary to achieve a compelling governmental interest and narrowly tailored to meet that end.” ... Accordingly, under Part I, Article 5, once an individual establishes that the government action substantially burdens his or her sincere religious practice, ... the burden shifts to the State to show both that the government action is necessary to achieve a compelling government interest, and is narrowly tailored to meet that end....

The Union Leader reports on the decision.

Catholic Schools' Suit Against COVID Closings Is Moot

In Michigan Association of Non-Public Schools v. Gordon, (WD MI, Dec. 21, 2020), a Michigan federal district court dismissed as moot a challenge to Michigan's COVID-19 Order temporarily closing all high schools to in-person learning. The suit, brought by a group of Catholic schools, claimed that the Order violated their 1st and 14th Amendment rights. That Order expired on Dec. 20 and a new Order now allows high schools to reopen. Detroit Free Press reports on the decision.

Massive Tax and Spending Bill Passed By Congress Includes Issues of Interest on Religion

As reported by the Washington Post, the House and Senate yesterday evening both passed a wide-ranging 5,593-page government funding and pandemic economic relief bill after Congressional leaders finally reached a compromise on the legislation. The bill now goes to the President for his signature.

Here is the full text of the bill, titled Consolidated Appropriations Act, 2021. Demonstrating the vast array of topics included in the bill are two unrelated provisions of particular interest to those who follow law and religion issues. The first makes it clear that churches and religious organizations can be eligible to participate in the Paycheck Protection Program Loans program:

SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS ...

c) ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZATIONS

(1) SENSE OF CONGRESS.—It is the sense of Congress that the interim final rule of the Administration entitled ‘‘Business Loan Program Temporary Changes; Paycheck Protection Program’’ (85 Fed. 11 Reg. 20817 (April 15, 2020)) properly clarified the eligibility of churches and religious organizations for loans made under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

(2) APPLICABILITY OF PROHIBITION.—The prohibition on eligibility established by section 120.110(k) of title 13, Code of Federal Regulations, or any successor regulation, shall not apply to a loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

The second provision of interest is Subtitle E, Tibetan Policy and Support Act of 2020, which among other things focuses on religious persecution in Tibet. It provides in part:

SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR REINCARNATION OF THE DALAI LAMA....

(b) STATEMENT OF POLICY.—It is the policy of the United States that—

(1) decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the Tibetan Buddhist tradition and in the context of the will of practitioners of Tibetan Buddhism;

(2) the wishes of the 14th Dalai Lama, including any written instructions, should play a key role in the selection, education, and veneration of a future 15th Dalai Lama; and

(3) interference by the Government of the People’s Republic of China or any other government in the process of recognizing a successor or reincarnation of the 14th Dalai Lama and any future Dalai Lamas would represent a clear abuse of the right to religious freedom of Tibetan Buddhists and the Tibetan people.

(c) HOLDING CHINESE OFFICIALS RESPONSIBLE FOR RELIGIOUS FREEDOM ABUSES TARGETING TIBETAN BUDDHISTS.—It is the policy of the United States to take all appropriate measures to hold accountable senior officials of the Government of the People’s Republic of China or the Chinese Communist Party who directly interfere with the identification and installation of the future 15th Dalai Lama of Tibetan Buddhism, successor to the 14th Dalai Lama, including by—

(1) imposing sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note); and

(2) prohibiting admission to the United States under section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)).

Recent Articles and Books of Interest

 From SSRN:

• Daniel Peterson, The Majelis Ulama Indonesia and its Role in the Ahok Conviction, (Australian Journal of Asian Law, Vol. 21, No. 1, Article 6, 2020).
• Steven K. Green, No Aid, No Agency, (William & Mary Bill of Rights Journal, Forthcoming).
• Steven K. Green, The 'Irrelevance' of Church-State Separation in the Twenty-First Century, (Syracuse Law Review, Vol. 69, 2019).
• Steven K. Green The Legal Ramifications of Christian Nationalism, (Roger Williams University Law Review, Forthcoming).
• Christopher R. Green, What Has Athens to Do With Philadelphia,(September 30, 2020).
• Gary J. Simson, The Uncertain Good of Overruling Employment Division v. Smith, (Emory University Canopy Forum on the Interactions of Law and Religion, 2020).
• Jennifer Levi & Kevin M. Barry, Transgender Tropes & Constitutional Review, (Yale Law & Policy Review, Vol. 37, p. 589, 2019).
• Ferry Muhammadsyah Siregar & Oman Fathurohman, Religious Leader, Tafsir, and Salafism in Indonesia: The Role of Religious Leader in the Study of Tafsir in Pesantren Salafi in Java, (September 18, 2020).

From SmartCILP:

• Nancy J. Whitmore, Extending the Roberts Court's Affirmation of Individual Expressive Rights to the First Amendment Claim in Masterpiece Cakeshop, [Abstract], 12 Elon Law Review 105-136 (2020).

Recent and Forthcoming Books:

• Robert F. Cochran, Jr. & Michael P. Moreland, Christianity and Private Law, (Routledge, Nov. 22, 2020) (Reviewed at Canopy Forum).
• Jack N. Rakove, Beyond Belief, Beyond Conscience-- The Radical Significance of the Free Exercise of Religion, (Oxford University Press, Aug. 3, 2020).
• Dvora Hacohen, To Repair a Broken World-- The Life of Henrietta Szold, Founder of Hadassah, (Harvard University Press, May 11, 2021).

Federal Court Refuses To Enjoin State COVID Enforcement Proceedings Against Church

In Calvary Chapel San Jose v. Cody, (ND CA, Dec. 18, 2020), a California federal district court, applying the Younger abstention doctrine, refused to issue a temporary restraining order against state court proceedings enforcing a state court's preliminary injunction against a church. The church "blatantly flouted" COVID restrictions on worship service, continuing to hold indoor services for large numbers of worshipers without effectively enforcing mask or social distancing requirements. In refusing the TRO, the court said in part:

Our Federalism properly places this dispute in the more-than-capable hands of the Santa Clara County Superior Court.

Courthouse News Service reports on the decision.

Suit By Fired Parish Office Manager Dismissed On Ecclesiastical Abstention Grounds

In Napolitano v. St. Joseph Catholic Church, (FL App., Dec. 18, 2020), a Florida state appellate court dismissed on ecclesiastical abstention grounds a suit by a church parish's office manager. At issue was whether a new parish priest could fire the office manager after the prior priest, just before his ouster, had on behalf of the parish entered a 4-year contract with the office manager. In affirming the trial court's dismissal of the case, the court said in part:

At the heart of the dispute between Napolitano and the Church Defendants is whether Father Brown had the authority under Canon Law to obligate successor administrations of St. Joseph to retain his chosen employees. Simply put, Napolitano has requested that a secular court examine a hierarchical religious organization and determine who has the authority to speak and act on its behalf. Whether based on actual or apparent authority, Napolitano’s request would require a court to impermissibly wade into ecclesiastical polity, in violation of the First Amendment....

Whether Father Brown had the actual or apparent authority to form the employment agreement and bind St. Joseph and the Diocese, even after his removal, is a quintessentially religious controversy—one that would require judicial inquiry into internal church matters—and constitutes a subject matter of which secular courts lack jurisdiction.

DOJ Sues Vermont Hospital For Violating Church Amendments

The Justice Department announced this week that it filed suit in a Vermont federal district court against the University of Vermont Medical Center for violating the Church Amendments that protect medical workers from being required to assist with abortions in violation of their religious or moral convictions. The complaint (full text) in United States v. University of Vermont Medical Center, (D VT, filed 12/16/2020) alleges in part:

Defendant has scheduled conscience objectors, including nurses, to assist with elective abortions despite specific and repeated requests from those personnel not to be assigned to elective abortions because of their religious beliefs or moral convictions. Moreover, Defendant has repeatedly assigned conscience objectors to participate in elective abortions without giving advance notice of the nature of the procedure.

European Court Upholds Flemish Restrictions on Halal and Kosher Slaughter

In a case referred to it by Belgium's Constitutional Court, the Court of Justice of the European Union in Centraal Israëlitisch Consistorie van België and Others v. Vlaamse Regering, (CJEU Grand Chamber, Dec. 17, 2020), upheld a decree of the Flemish government requiring kosher and halal slaughter in the country to use a reversible stunning technique that is inconsistent with Jewish and Muslim religious requirements.  The Flemish government contended:

Electronarcosis is a reversible (non-lethal) method of stunning in which the animal, if it has not had its throat cut in the meantime, regains consciousness after a short period and does not feel any negative effects of stunning. If the animal’s throat is cut immediately after stunning, its death will be purely due to bleeding.... [T]he application of reversible, non-lethal stunning during the practice of ritual slaughter constitutes a proportionate measure which respects the spirit of ritual slaughter in the framework of freedom of religion and takes maximum account of the welfare of the animals concerned.

The European Court said in part:

[T]he Charter is a living instrument which must be interpreted in the light of present-day conditions and of the ideas prevailing in democratic States today ... with the result that regard must be had to changes in values and ideas, both in terms of society and legislation, in the Member States. Animal welfare, as a value to which contemporary democratic societies have attached increasing importance for a number of years, may, in the light of changes in society, be taken into account to a greater extent in the context of ritual slaughter and thus help to justify the proportionality of legislation such as that at issue in the main proceedings....

... [T]he measures contained in the decree at issue ... allow a fair balance to be struck between the importance attached to animal welfare and the freedom of Jewish and Muslim believers to manifest their religion and are, therefore, proportionate.

The Court also issued a press release announcing the decision. Meanwhile, Israel's Ministry of Foreign Affairs harshly criticized the ruling, saying in part:

Beyond the fact that this decision harms the freedom of worship and religion in Europe, a core value of the EU, it also signals to Jewish communities that they are unwanted in Europe. 

Courthouse News Service reports on the decision.

Supreme Court, 7-2, Refuses To Reinstate Injunction Against Kentucky School Closing Order

 In Danville Christian Academy, Inc. v. Beshear, (US Sup. Ct., Dec. 17, 2020), the U.S. Supreme Court by a vote of 7-2 refused to reinstate a district court's injunction against the Kentucky governor's November 18 COVID-related school closing order. The 6th Circuit had stayed the injunction. The governor's Order was challenged by a Christian school. The majority said in part:

The Governor’s school-closing Order effectively expires this week or shortly thereafter, and there is no indication that it will be renewed. The Order applies equally to secular schools and religious schools, but the applicants argue that the Order treats schools (including religious schools) worse than restaurants, bars, and gyms, for example, which remain open. For the latter reason, the applicants argue that the Order is not neutral and generally applicable....

Under all of the circumstances, especially the timing and the impending expiration of the Order, we deny the application without prejudice to the applicants or other parties seeking a new preliminary injunction if the Governor issues a school-closing order that applies in the new year.

Justice Alito filed a dissenting opinion that Justice Gorsuch joined. And Justice Gorsuch filed a dissenting opinion that Justice Alito joined. SCOTUSblog discusses the decision. (See prior related posting.)

VP Pence Hosts Pro-Life Event At White House Complex

Yesterday, Vice President Mike Pence hosted a "Life is Winning Event" in the Executive Office Building at which more than 20 anti-abortion organizations were represented. (Video of the event.) The event included 15 minutes of remarks from the Vice President (full text of remarks) in which he said in part:

... I truly do believe if all of us continue to do all that we can in the months and the years ahead, we will see the sanctity of life restored to the center of American law in our time....

I know what all of you know as well: that he who said “Before I formed you in the womb, I knew you” is about life. And we do well in this movement to always remind ourselves that when we make the cause for life our cause, we make His work on this Earth our very own.

So do not grow weary in doing well, because in the last four years, we’ve shown when men and women of faith and conviction come together to stand up for the unborn, to speak out for the voiceless, life can win in America. And with your help and God’s help, life will keep on winning in the United States of America.

DC Archdiocese Seeks Liberalized Capacity Rules For Its Churches

Last week, the Catholic Diocese of Washington, D.C. sued in federal district court challenging D.C.'s COVID-related 50-person cap on religious gatherings.  It seeks, instead, percentage-based limits similar to those imposed on numerous commercial establishments. The complaint (full text) in Roman Catholic Archbishop of Washington v. Bowser, (D DC, filed 12/11/2020), alleges that half of the churches in the Archdiocese can accommodate 500 or more worshippers, and the largest can accommodate thousands. It contends that the current limits violate its 1st and 14th Amendment rights. The complaint declares:

 Christmas should be a time for reconciliation and joy, and the Archdiocese simply wants to welcome its flock home. It respectfully requests that it be allowed to do so.

Catholic News Service reports on the lawsuit.

UPDATE: In order to resolve the litigation, D.C.'s Mayor on Dec. 16 issued modified rules (full text of Mayor's Order) that allow houses of worship to admit up to 25% of their capacity, not to exceed 250 persons, for worship services. Other events or programs at churches are limited to 10 persons indoors or 25 outdoors. Other safety protocols are also required for religious services. Washington Post reports on the new Order.

9th Circuit Orders Injunction Against Nevada's COVID Limits On Churches

In Calvary Chapel Dayton Valley v. Sisolak, (9th Cir., Dec. 15, 2020), the U.S. 9th Circuit Court of Appeals held that Nevada's COVID-19 restrictions on worship services violate the Free Exercise clause. The court said in part:

The Supreme Court’s decision in Roman Catholic Diocese compels us to reverse the district court. Just like the New York restrictions, the Directive treats numerous secular activities and entities significantly better than religious worship services. Casinos, bowling alleys, retail businesses, restaurants, arcades, and other similar secular entities are limited to 50% of fire-code capacity, yet houses of worship are limited to fifty people regardless of their fire-code capacities.

Nevada Independent reports on the decision.

Federal Agencies Loosen Requirements For Faith-Based Grantees

 Yesterday nine federal departments jointly issued a 381-page release (full text) titled Equal Participation of Faith-Based Organizations in the Federal Agencies’ Programs and Activities. The Release amends existing rules to loosen restrictions on faith-based organizations operation of programs and activities funded by federal grants. The new rules impact grants by the Departments of Education, Homeland Security, Agriculture, Justice, Labor, Veterans Affairs, Housing and Urban Development, Health and Human Services, and Agency for International Development.

DOJ's press release on the new rules says in part:

This final rule ensures equal treatment for faith-based organizations, consistent with the Constitution and other federal law.  It removes requirements in prior regulations that placed unequal burdens on religious organizations, cast unwarranted suspicion on them, and were in tension with their religious liberty rights.  This final rule also clarifies that religious organizations do not lose various legal protections because they participate in federal programs and activities, such as the rights to accommodations and conscience protections under the First Amendment, Religious Freedom Restoration Act, and other federal laws.

Friendly Atheist blog describes the major changes as follows:

Right now, faith-based service providers have to refer clients elsewhere if the people say they feel uncomfortable with their religious affiliation. That’s now gone.

Right now, any clients are required to be told about their religious freedom rights. They’re told they don’t have to participate in any religious activities, they are entitled to go to an alternative service provider, and they can file a complaint if necessary. That’s now gone.

Right now, if clients receive a voucher for social services, there must be a secular provider in addition to any religious providers. That requirement is now gone… which means there may be no secular options for some people.

The new rules become effective Jan. 16, 2021. [Thanks to Scott Mange for the lead.] 

Supreme Court Sends Two Cases On COVID Limits Back For Reconsideration

In two separate cases today, the U.S. Supreme Court vacated district court opinions (1, 2) denying churches or clergy injunctions against state COVID-19 orders. The Supreme Court ordered those courts to reconsider the cases in light of the Supreme Court's recent decision in Roman Catholic Diocese of Brooklyn v. Cuomo. In one of today's cases, High Plains Harvest Church v. Polis, (Sup. Ct., Dec. 15, 2020), challenging Colorado restrictions, Justice Kagan, joined by Justices Breyer and Sotomayor dissented on the ground that the case is now moot since the challenged capacity limits have already been lifted. In the second case, Kevin v. Murphy, (Sup. Ct., Dec. 15, 2020), challenging New Jersey restrictions, no dissents to the one paragraph order were recorded. SCOTUSblog has more on the decisions. [updated]