Opinion
No. 20A90.
11-25-2020
AGUDATH ISRAEL OF AMERICA, et al., Applicants, v. Andrew M. CUOMO, Governor of New York.
Application for injunctive relief presented to Justice Breyer and by him referred to the Court is granted in part. Respondent is enjoined from enforcing Executive Order 202.68's 10- and 25-person occupancy limits on applicants, including Agudath Israel of America's current New York-based affiliates, pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Chief Justice Roberts, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U.S. ––––, 141 S.Ct. 63, 208 L.Ed.2d 206 (2020) (Roberts, C. J., dissenting). Justice Breyer, with whom Justice Sotomayor and Justice Kagan join, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo , 592 U.S. ––––, 141 S.Ct. 63, 208 L.Ed.2d 206 (2020) (Breyer, J., dissenting). Justice Sotomayor, with whom Justice Kagan joins, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U.S. ––––, 141 S.Ct. 63, 208 L.Ed.2d 206 (2020) (Sotomayor, J., dissenting).