Oath Breaker? Chief Justice John Roberts Votes With Liberals in Nevada Freedom of Religion Case
Do Democrats have something on Chief Justice John Roberts that he continues to re-interpret the Constitution against the First Amendment? On Friday, he was once again the deciding vote, this time against Nevada churches who asked for an emergency injunction against the Nevada Governor over his discriminatory rule for churches as opposed to casinos.
The Nevada state attorneys wrote (Mercury News):
“Temporarily narrowing restrictions on the size of mass gatherings, including for religious services, protects the health and well-being of Nevada citizens during a global pandemic.”
Oh really? What about the protests? The Casinos that get to operate at 50% capacity? The movie houses that can operate at 50% capacity? Something is very wrong with the Supreme Court.
John Roberts has abandoned his oath.
But, on the upside, maybe Nevada churches should set up craps tables? Then they could open? https://t.co/6pWoOwg9ts
— Ted Cruz (@tedcruz) July 25, 2020
“This is a simple case. Under the Governor’s edict, a 10-screen “multiplex” may host 500 moviegoers at any time. A casino, too, may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there. Large
numbers and close quarters are fine in such places. But churches, synagogues, and mosques are banned from admitting more than 50 worshippers—no matter how large
the building, how distant the individuals, how many wear face masks, no matter the precautions at all. In Nevada, it seems, it is better to be in entertainment than religion. Maybe that is nothing new. But the First Amendment prohibits such obvious discrimination against the exercise of religion. The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.” Justice Neil Gorsuch
John Roberts at his hearing: “If the Constitution says that the little guy should win, the little guy’s going to win in court before me.”
What happened to that judge?
He didn't mention his belief that casinos have more rights than churches. https://t.co/KjpyLbkIMo
— Tom Cotton (@TomCottonAR) July 25, 2020
In the 5-4 decision, the Chief Justice voted against the Calvary Chapel Dayton Valley’s request for injunctive relief from the attendance restrictions. The 4 conservative, 4 liberal split has been a difficult passage for most Conservative issues of late, primarily because John Roberts has frequently been voting with the liberals. The majority opinion was done without comment, but the dissensions were scathing.
The Governor of Nevada instituted a cap of 50 people on all churches. The only cap on the gaming industry is 50% capacity. And churches have agreed to regulations regarding social distancing and masks. That didn’t seem to matter in this decision.
The Hill reported,
“The Constitution guarantees the free exercise of religion,” Justice Samuel Alito wrote in dissent. “It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance. But the Governor of Nevada apparently has different priorities.”
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing. We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility,” he added.
This is the second time the Supreme Court has ruled against a church challenging a capacity restriction during the pandemic. In May, the court ruled 5-4 in a similar case, turning away a challenge from a California church.”