미 대법원, 코로나로 예배 장소 제한 뉴욕시 조치 금지시켜 Supreme Court Blocks Attendance Restrictions Due To COVID-19 In New York


Supreme Court Blocks Attendance Restrictions Due To COVID-19 In New York

November 26, 20207:54 AM ET


David Greene talks to law professor Kim Wehle about the the Supreme Court's ruling preventing New York from enforcing attendance limits on places of worship in areas designated COVID-19 hot spots.


ABC News

 

미 대법원, 코로나로 예배 장소 제한 뉴욕시 조치 금지시켜


5:4 

신임 대법관 베럿도 다수결편에


   미국 대법원은 뉴욕이 코로나바이러스 핫스팟으로 지정된 지역의 예배 장소에 대해 엄격한 참석 제한을 시행하는 것을 일시적으로 금지했다. 




앤드루 쿠오모 뉴욕 주지사는 레드존으로 지정된 지역에서 종교예배에 참석하는데 10명만 제한했다. 

5대 4의 결정에서, 보수적인 다수는 인용하자면 이러한 규칙들이 "심각하고 융통성 없다"는 것을 발견했다. 


미국 전역으로 코로나바이러스 사건이 급증하면서 대법원은 뉴욕시가 이 바이러스로 인한 피해가 심한 지역의 교회와 회당에 대한 특정 제한 규정을 시행하지 못하도록 했다.


대법관들은 수요일에 5대 4로 갈렸고, 독실한 가톨릭 신자인 에이미 코니 바렛 신임 대법관이 처음으로 공개적으로 판별할 수 있는 재판관 투표에서 다수결 편에 섰다. 법원의 세 명의 진보주의자와 대법원장 존 로버츠가 반대했다.


이번 판결은 대선 전 마지막 날 확정된 코니 배럿 도널드 트럼프 대통령의 임명에 따른 법원 내 상당한 변화였다.


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황기철 콘페이퍼 에디터

Ki Chul Hwang Conpaper editor curator


edited by kcontents


DAVID GREENE, HOST:


The U.S. Supreme Court has temporarily barred New York from enforcing strict attendance limits on places of worship in areas designated as coronavirus hotspots. New York Governor Andrew Cuomo had limited attendance to religious services in areas designated as red zones, just 10 people. In a 5-4 decision, the conservative majority found that these rules were, quote, "severe and inflexible." Joining us now, law professor Kim Wehle. And, Kim, thanks for being with us on this Thanksgiving. I didn't expect so much legal news. You're helping us understand a few stories this morning.




KIM WEHLE: Happy to be here.


GREENE: Can you just talk about the legal questions that that were at stake here in this ruling about Governor Cuomo's restrictions?


WEHLE: Yeah, there are three really big issues. One is the First Amendment. So, essentially, the majority held that the restrictions were potentially unconstitutional under the First Amendment to the extent to which they negatively affected houses of worship. The second is the kind of relief that was granted here. This is a preliminary injunction. The court could change its mind when we get later to the full hearing. But it's extraordinary relief. And, essentially, Cuomo has backed off of that order. So there's a strong argument that this was moot. In this moment, it doesn't apply to any houses of worship. So it's pretty extreme for the court to nonetheless grant a preliminary injunction on the possibility that the order will kick back in.


Andrew Cuomo, governor of New York, delivers remarks on Covid-19 at the Riverside Church in Manhattan on November 15 © REUTERS Financial Time



edited by kcontents


And the third legal issue is really one of federalism. That is, as the lower courts held and the dissent held, this is a state trying really hard to keep the members of the public safe during a pandemic. And you would think conservatives would kind of back off of that and say, listen. This is state sovereignty. We're not as justices going to jump into this fray, even if there is arguably a First Amendment issue. And the dissent also said this wasn't singling out houses of worship. They were affected, but they weren't discriminated against intentionally, at least on this record. And that's the place that the majority disagreed. And having Justice Barrett on the court is what put it over the edge, because over the summer, similar claims by Nevada and California failed. So we're seeing already the effects of her fire-drill appointment to the U.S. Supreme Court prior to the election.


GREENE: In this very case, I mean, John Roberts sided with the liberals here, right? And yet the conservative majority was still able to hang on to to a 5-4 majority, which is extraordinary.


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https://www.npr.org/2020/11/26/939310875/supreme-court-blocks-attendance-restrictions-due-to-covid-19-in-new-york

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