Nevada church asks US Supreme Court for 2nd COVID cap review

U.S. Supreme Court News

Unsuccessful in an earlier bid for an emergency injunction, a Nevada church is asking the U.S. Supreme Court again to consider its challenge of coronavirus restrictions on religious gatherings as a test case for others brought by churches across the country arguing their First Amendment rights are being violated.

“This case is an ideal vehicle to solve the nationwide problem of government discrimination against churches in ad hoc COVID-19 orders,” lawyers for Calvary Chapel Dayton Valley wrote in the unusual new filing Thursday.

In a sharply divided 5-4 decision in July, the high court refused the church’s request for a temporary order blocking enforcement of Nevada’s 50-person cap on religious gatherings while its appeal is pending before the 9th Circuit Court of Appeals in San Francisco.

The appellate court has scheduled oral arguments Dec. 8 on the merits of the appeal of a ruling by a U.S. judge in Reno upholding Gov. Steve Sisolak’s 50-person cap on attendance at indoor church services to help slow the pandemic’s spread.

Calvary Chapel argues the cap is an unconstitutional violation of their religious freedoms partly because casinos and other businesses are allowed to operate at 50% of capacity.

“There is no constitutional right to gamble, but there is one that protects attending worship services,” said David Cortman, senior counsel for the Alliance Defending Freedom representing the church.

The Christian church in rural Lyon County wants to allow as many as 90 people to attend services at the same time ? with masks required, spaced 6 feet apart ? at the sanctuary east of Reno with a capacity of 200.

Other secular businesses allowed to operate at half capacity include restaurants, gyms, hair salons and bowling alleys.

The new filling is a “petition for a writ of certiorari before judgment” seeking review despite the pending appeal. Such petitions are rare and their approval rarer, even though they require approval by only four justices.

Chief Justice John Roberts sided with the 5-4 majority turning back Calvary Chapel’s request this summer before the death of Justice Ruth Bader Ginsburg. The opening on the bench recently was filled by Justice Amy Coney Barrett, who seems likely to align herself with the four conservative justices who sided with the church in July.

“There is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Justice Neil Gorsuch wrote then in one of three strongly worded dissents.

“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito added.

Nevada’s lawyers will have at least a month to respond to the new request. Neither Sisolak nor the state attorney general’s office had any immediate comment, their spokespersons said on Friday.

Related listings

  • Election 2020 Today: No winner yet, Trump’s court threat

    Election 2020 Today: No winner yet, Trump’s court threat

    U.S. Supreme Court News 11/05/2020

    NO WINNER: President Donald Trump carried the prized battleground of Florida, then he and Democrat Joe Biden shifted their focus to three Northern industrial states ? Wisconsin, Michigan and Pennsylvania ? that could prove crucial in determining who ...

  • Supreme Court changes fuel moves to protect abortion access

    Supreme Court changes fuel moves to protect abortion access

    U.S. Supreme Court News 11/01/2020

    A vast swath of West Texas has been without an abortion clinic for more than six years. Planned Parenthood plans to change that with a health center it opened recently in Lubbock.  It’s a vivid example of how abortion-rights groups are str...

  • Barrett sworn in at court as issues important to Trump await

    Barrett sworn in at court as issues important to Trump await

    U.S. Supreme Court News 10/28/2020

    Amy Coney Barrett was formally sworn in Tuesday as the Supreme Court's ninth justice, her oath administered in private by Chief Justice John Roberts. Her first votes on the court could include two big topics affecting the man who appointed her.The co...

The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one

Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.

Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.