The plaintiffs were likely to prevail on First Amendment ground, the court ruled.
Justice Neil Gorsuch, a Donald Trump appointee, wrote a separate opinion siding with the conservative majority, saying churches and synagogues were treated differently than commercial institutions by the state.
“It is time — past time — to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques,” Gorsuch argued.
Justice Brett Kavanaugh, a Trump appointee, also concurred, noting that temporary injunctions were warranted but that the Nov. 25 decisions were not final.
Trump appointee Amy Coney Barrett and George W. Bush appointees Clarence Thomas, and Samuel Alito also voted to block the restrictions from being enforced." ZeroHedge