Cass R. Sunstein, Columnist

Don’t Read Too Much Into Supreme Court Religion Ruling

A new majority this week showed elevated concern for the rights of believers but not necessarily a devotion to other conservative principles.

Appearances can deceive.

Photographer: Amanda Andrade-Rhoades/Bloomberg
Lock
This article is for subscribers only.

The Supreme Court’s 5-4 decision on Wednesday night, striking down New York State restrictions on the number of people who can attend religious services during the coronavirus pandemic, is being taken as a signal of the emergence of a newly aggressive conservative majority.

It’s easy to see why. The majority in the religion case included the court’s newest member, Justice Amy Coney Barrett, alongside the most conservative of her colleagues: Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh.