Key Cases
Courts Reach Mixed Conclusions on Challenges to COVID-19
Assembly Restrictions
Nathan A. Adams IV
Several recent cases concern challenges to executive orders
relating to COVID-19 limiting the ability of churches to assemble
and imposing other limitations. Beginning with appellate decisions,
these cases are summarized in two groups: one group where courts
enjoined the executive orders and another group where they did
not.
Granting Injunction
In Roberts v. Neace, 958 F. 3d 409 (6th Cir. 2020), the
court ruled that congregants of Maryville Baptist Church who wanted
to attend in-person worship services were likely to succeed on the
merits of their free exercise claim against Kentucky Gov. Andy
Beshear and others due to two executive orders that 1) prohibit
faith-based mass gatherings and 2) require the closing of
organizations that are not "life-sustaining." Likewise,
in Maryville Baptist Church, Inc. v. Beshear, 957 F. 3d
610 (6th Cir 2020), the
