As I expected, the ruling against Pennsylvania’s Governor a few weeks ago has been stayed by the Third Circuit Court. The Court made no comment as to a specific reason for the stay, but it was in keeping with other rulings around the Country. And, while the case will be heard by a panel (or possible en banc) at the Third, it is very unlikely that the Governors orders will be again ruled unconstitutional. There is a reason why that is so, and it’s rooted in a long term view of things from 1905.
Meanwhile, in New York, Governor Cuomo has essentially declared war on “religious groups,” specifically Jews, because he has decided that our worship activities at this time (The High Holy Days) are – in his opinion – “super spreader events” for COVID-19.
The problem is, of course, that we are no longer in the “Lochner Era.” Which means that not only is Judge Strickland’s ruling unlikely to be upheld, but Governors everywhere will be emboldened to do such redlining for whatever reasons they see fit.
