ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v. ANDREW M. CUOMO, GOVERNOR OF NEW YORK ON APPLICATION FOR INJUNCTIVE RELIEF [November 25,2020]

SUPREME COURT OF THE UNITED STATES _____
No. 20A87


ROMAN CATHOLIC DIOCESE OF BROOKLYN,
NEW YORK v. ANDREW M. CUOMO,
GOVERNOR OF NEW YORK
ON APPLICATION FOR INJUNCTIVE RELIEF
[November 25,2020]

PER CURIAM.
The application for injunctive relief presented to JUSTICE
BREYER and by him referred to the Court is granted. Respondent is enjoined from enforcing Executive Order
202.68’s 10- and 25-person occupancy limits on applicant
pending disposition of the appeal in the United States
Court of Appeals for the Second Circuit and disposition of
the petition for a writ of certiorari, if such writ is timely
sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event
the petition for a writ of certiorari is granted, the order shall
terminate upon the sending down of the judgment of this
Court.


This emergency application and another, Agudath Israel
of America, et al. v. Cuomo, No. 20A90, present the same
issue, and this opinion addresses both cases.
Both applications seek relief from an Executive Order issued by the Governor of New York that imposes very severe
restrictions on attendance at religious services in areas
classified as “red” or “orange” zones. In red zones, no more
than 10 persons may attend each religious service, and in
orange zones, attendance is capped at 25. The two applications, one filed by the Roman Catholic Diocese of Brooklyn
and the other by Agudath Israel of A

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