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ARTICLE · 16 OCTOBER 2020

Religious Institutions Law Update: October 2020

In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order...

United StatesCoronavirus (COVID-19)

Key Cases

COVID-19 Executive Orders Restricting In-Person Worship Upheld

In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while allowing secular businesses such as casinos to open subject to an occupancy cap of up to 50 percent of the building capacity. Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented, each indicating that at the outset of an emergency it may be appropriate for courts to tolerate blunt rules, but emphasizing that a public health emergency does not give public officials carte blanch to disregard the Constitution.

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