Supreme Court Privileges Home Prayer Groups Over Other Social Groups

In Ritesh Tandon v. Gavin Newsom the Supreme Court last night in an unsigned order (5-4) (Kagan joined by Breyer and Sotomayor dissenting; Roberts dissents without opinion)  has rejected again the conclusions of the 9th Circuit Court of Appeals in a pandemic emergency executive order case. A California executive order barred home gatherings drawn from more than three households in order to reduce the risk of community spread of the lethal Covid19 virus.  Tandon, a Fremont, California conservative Hindu and failed Congressional challenger, won this challenge.

But that was not good enough for the four ultra conservative Catholics and one like-minded Episcopalian Neil Gorsuch.  In ordinary times the First Amendment permits reasonable control of group activities so long as there is no disparate and adverse targeting of religious expression.  But in the latest of a line of cases the majority of the Supreme Court - exercising emergency review - has barred enforcement of an order that treats religious gatherings no more harshly than it does non-religious social gatherings.   Under the Court's decision tonight in Tandon v. Governor Gavin Newsom home prayer gatherings of more than three families can meet for Easter prayers, but not for Easter dinner if the gathering has only a familial not a religious purpose.  I would call that Establishment of religion. - GWC