Gorsuch on Covid and Religious Liberty

 Justice Gorsuch writes like Scalia. Here is a nice passage from yesterday's case involving California's padlocking of churches and worship services:

In cases implicating this form of “strict scrutiny,” courts nearly always face an individual’s claim of constitutional right pitted against the government’s claim of special expertise in a matter of high importance involving public health or safety. It has never been enough for the State to insist on deference or demand that individual rights give way to collective interests. Of course we are not scientists, but neither may we abandon the field when government officials with experts in tow seek to infringe a constitutionally protected liberty. The whole point of strict scrutiny is to test the government’s assertions, and our precedents make plain that it has always been a demanding and rarely satisfied standard. See Lukumi, 508 U. S., at 546. Even in times of crisis—perhaps especially in times of crisis—we have a duty to hold governments to the Constitution.

South Bay United Pentacostal Church v. Newsom :Not assigning this yet. Just providing the link for your convenience. 

We will be covering Covid and religious liberty soon. In the meantime, be skeptical when government officials take away your liberty "because science." Not a sufficient justification. What "science?" How good are the studies? Are there inconsistent studies? Is the "science" simply based upon  computer models of what may (or may not) occur in the future? Exactly what are the costs and benefits of the restrictions? Are there less restrictive means of achieving the benefits? Are the restrictions being imposed evenhandedly? Covid lockdowns destroyed businesses, livelihoods, and dreams. They have restricted religious liberty, freedom of expression, the right to travel, and the right to engage in social interaction. We have allowed "science" to create a nation of village tyrants (many of whom are unelected bureaucrats) who simply restrict liberty by decree. 

One important purpose of the Constitution and judicial review is to check government officials who overreact in times of crisis. Some of the worst constitutional violations (see, e.g., Korematsu) have occurred in response to crisis. Been to an airport since 9/11?

Here is a link to the Court's earlier decision in Cuomo. Again not assigning this yet.