A current shelter-in-place order prohibits churches from congregating. But as public pressure mounts on state and local leaders across the country, a church and its bishop wants the nation's highest court to weigh in on the legal dispute.
A California church and its bishop filed an emergency appeal Sunday with the Supreme Court in an attempt to force California Governor Gavin Newsom to allow churches to reopen amid the pandemic.
However, in their request for the Supreme Court to hear the case by Sunday, attorneys for the Southern California church and its bishop cited in the filing that trump's threat and a warning from the Justice Department telling Newsom that his restrictions were discriminatory against religion. The justices' guidance is"needed to avert a constitutional crisis," the lawyers contended, because"thousands of churches across the country and in California plan to reopen by May 31..
With the thumbs up for county public health officials, churches in the Golden State may resume operations with 25 percent capacity or 100 people, whichever is fewer. These provisions would last for three weeks as state officials monitor for any potential spike in coronavirus cases linked to the religious gatherings.
"In the words of Justice Robert Jackson, if a '[c]ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,'" the judges wrote.An attorney for Hodges and the church, Charles LiMandri, toldMonday afternoon that he planned to file a supplemental letter brief with the Supreme Court Tuesday morning outlining several points.
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