The Supreme Court Just Ordered California to Reopen Churches

Late Friday evening, the Supreme Court, in South Bay United Pentecostal Church v. Newsom, issued emergency relief suspending California’s broad ban on indoor religious services. The Court ruled that California was “enjoined from enforcing the . . . prohibition on indoor worship services . . . pending disposition of the petition for a writ of certiorari.” The order is limited: Relief was “denied with respect to the [25%] percentage capacity limitations” and denied with respect to the prohibition on singing and chanting during indoor services,” although the Court left the door open to hear any “new evidence . . . that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.” This lifts some of the most stringent restrictions on religious services in the country. Justices Thomas, Gorsuch, and Alito wanted to grant broader relief on these fronts; Justices Barrett and Kavanaugh thought the evidentiary record was too unclear.