Case on Churches, Cuomo and Coronavirus Arrives at Supreme Court

first_imgThe restrictions in Brooklyn are severe. In shifting “red zones,” where the coronavirus risk is highest, no more than 10 people may attend church services. In slightly less dangerous “orange zones,” attendance is capped at 25. This applies even in churches that can seat more than 1,000 people.The measures were prompted in large part by rising cases in Orthodox Jewish areas. But the restrictions applied to all houses of worship.Even as he ruled against the diocese, Judge Nicholas G. Garaufis of the Federal District Court in Brooklyn praised it as “an exemplar of community leadership” that had been “enforcing stricter safety protocols than the state required.”Lawyers for Mr. Cuomo agreed, telling an appeals court that the diocese “has introduced laudable social-distancing and hygiene measures.”The diocese has said it intends to continue to limit attendance to 25 percent of its churches’ capacities and would accept other limitations, such as doing away with singing by congregants and choirs.Judge Garaufis, who was appointed by President Bill Clinton, said the case was a difficult one. But he concluded that he would defer to the governor. “If the court issues an injunction and the state is correct about the acuteness of the threat currently posed by hot spot neighborhoods,” the judge wrote, “the result could be avoidable death on a massive scale like New Yorkers experienced in the spring.”In refusing to block the governor’s order while the diocese’s appeal went forward, a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit drew on Chief Justice Roberts’s concurring opinion in the California case. Since the restrictions on churches were less severe than those on comparable secular gatherings like theaters, casinos and gyms, the majority wrote in an unsigned opinion, they did not run afoul of constitutional protections for religious freedom. One view, expressed by Chief Justice Roberts in a concurring opinion in the California case, is that officials charged with protecting the public “should not be subject to second-guessing by an unelected federal judiciary, which lacks the background, competence and expertise to assess public health and is not accountable to the people.”A few hours after the diocese filed its application, Justice Samuel A. Alito Jr. delivered a slashing speech to a conservative legal group that expressed the opposite view. He had dissented in both of the earlier cases, and his speech echoed points he had made in the one from Nevada.“Whenever fundamental rights are restricted, the Supreme Court and other courts cannot close their eyes,” Justice Alito said on Thursday, rejecting the view that “whenever there is an emergency, executive officials have unlimited, unreviewable discretion.” The court is likely to rule on the dispute from Brooklyn in the next week or so. The case may be the first in which Justice Barrett’s vote changes the court’s direction. WASHINGTON — In recent months, churches in California and Nevada asked the Supreme Court to lift government restrictions on attendance at religious services meant to address the coronavirus pandemic. The churches lost.The vote in both cases was 5 to 4, with Chief Justice John G. Roberts Jr. joining what was then the court’s four-member liberal wing. One of those liberals, Justice Ruth Bader Ginsburg, died in September. Her successor, Justice Amy Coney Barrett, joined the court last month.- Advertisement – The members of the majority were Judge Raymond J. Lohier Jr., who was appointed by President Barack Obama, and Judge Jed S. Rakoff, who ordinarily sits on Federal District Court in Manhattan and who was appointed by Mr. Clinton.Judge Michael H. Park, who was appointed by President Trump, dissented. He said Governor Cuomo’s order discriminated against houses of worship because it allowed businesses like liquor stores and pet shops to remain open without capacity restrictions.In asking the Supreme Court to step in, lawyers for the diocese argued that its “spacious churches” were safer than many “secular businesses that can open without restrictions, such as pet stores and broker’s offices and banks and bodegas.” An hourlong Mass, the diocese’s brief said, is “shorter than many trips to a supermarket or big-box store, not to mention a 9-to-5 job.”Lawyers for Mr. Cuomo said gatherings like those at churches and theaters were different from shopping trips. “The state’s limits on mass gatherings have consistently recognized that the risk of transmitting Covid-19 is much greater at gatherings where people arrive and depart at the same time and congregate and mingle for a communal activity over an extended period of time,” the governor’s appeals court brief said.Judge Park, the dissenting appeals court judge, twice served as a law clerk to Justice Alito, once on the federal appeals court in Philadelphia and once on the Supreme Court. His dissent anticipated the remarks his former boss delivered on Thursday.“The pandemic,” Justice Alito said, “has resulted in previously unimaginable restrictions on individual liberty.”“This is especially evident with respect to religious liberty,” he added. “It pains me to say this, but in certain quarters religious liberty is fast becoming a disfavored right.” – Advertisement – It will not take long to assess the significance of that switch.On Thursday, the Roman Catholic Diocese of Brooklyn filed an emergency application asking the Supreme Court to lift restrictions imposed by Gov. Andrew M. Cuomo of New York. The case is broadly similar to the earlier ones. The outcome, even as the pandemic is worsening, may be quite different.The general question in all of the cases is whether government officials or judges should calibrate responses to the public health crisis. – Advertisement – – Advertisement –last_img read more

Pollard prevails at Fayette County for first career Deery Series feature win

first_imgFeature results – 1. Eric Pollard, Peosta; 2. Andy Eckrich, Oxford; 3. John Emerson, Waterloo; 4. Ty­ler Bruening, Decorah; 5. Joel Callahan, Dubuque; 6. Andy Nezworski, Buffalo; 7. Gary Webb, Blue Grass; 8. Curt Martin, Independence; 9. Jeff Aikey, Cedar Falls; 10. Matt Ryan, Davenport; 11. Joe Zrostlik, Long Grove; 12. Darrel DeFrance, Marshalltown; 13. Jeremiah Hurst, Dubuque; 14. Jake Neal, Omaha, Neb.; 15. Logan Duffy, Independence; 16. Dalton Simonsen, Fairfax; 17. Stacy Griffis, Solon; 18. Ben Seemann, Waterloo; 19. Jill George, Cedar Falls; 20. Todd Malm­strom, Silvis, Ill.; 21. Brian Harris, Davenport; 22. Darren Ackerman, Elk Run Heights; 23. Travis Smock, Independence; 24. Sean Johnson, Independence. WEST UNION, Iowa (July 24) – Eric Pollard had never been to Fayette County Speedway before Wednesday night. The win came in front of a big and boisterous grandstand crowd during the county fair, and followed Pollard’s previous career best Deery finish when he ran fourth at Benton County Speedway on June 27. First-time Deery Brothers Summer Series winner Eric Pollard led all 40 laps of the IMCA Late Model tour main event at Fayette County Speedway Wednesday night. (Photo by Zakary Kriener) “We’d never been to Vinton before and we finished fourth. It was our first time at West Union and we won,” he said. “I’ve never been to Lee County, either. Maybe that’s a good thing.”  Cautions worked to Pollard’s advantage in taking out lapped traffic. The final yellow waved with seven circuits to go but runner-up Andy Eckrich chased Pollard across the stripe two seconds off the pace.  Pollard drew the outside pole start after running second in his heat. He got a big jump on the ini­tial start while pole starter Joel Callahan gave chase from the higher line. “We had watched the ‘B’ feature to see what the track was going to do. The bottom seemed like the place to be and we didn’t make a lot of (setup) changes,” Pollard said. “I thought maybe we’d have to move up but we weren’t going to give up the bottom until we had to.”  John Emerson, Tyler Bruening and Callahan rounded out the top five. Eckrich also took home the $250 Sunoco Race Fuels feature qualifier drawing prize. Pollard led all 40 laps of the Deery Brothers Summer Series main event at West Union, earning $2,000 for his IMCA Late Model tour career first victory. Next on the Deery schedule is another $2,000 to win event, on Aug. 2 at Lee County Speedway. Pollard, now the fourth different winner in as many series events so far this season, is hoping his formula for success works again at Donnellson.  “We finished top five in Vinton and it seemed like we got the weight off our shoulders,” he said. “To win tonight and get that trophy was awesome.”  Now he can’t wait to go back.last_img read more

Syracuse hires Caitlin Defliese as assistant women’s lacrosse coach

first_img Published on September 3, 2016 at 10:23 am Contact Matthew: mguti100@syr.edu | @MatthewGut21 Facebook Twitter Google+ Syracuse has hired former Stony Brook associate head coach Caitlin Defliese as an assistant women’s lacrosse coach, SU Athletics announced Friday afternoon.“We are excited to have a coach with Caitlin’s level of experience,” Syracuse head coach Gary Gait said in a statement. “She has played an integral part in turning Stony Brook into a top 10 program. Her experience will help us continue to compete for a national championship.”At Stony Brook, Defliese served as defensive coordinator. In 2016, the Seawolves were second in the nation in scoring defense (6.1 goals per game) and fourth in scoring margin (7.33). Defliese played at Boston University, where she graduated in 2010. She was named to the 2010 All-America East second team. As a freshman in 2007, she was named the conference’s All-Rookie Team.“I’d like to thank Gary and (associate head coach) Regy Thorpe and director of athletics John Wildhack for this opportunity,” Defliese said. “I’m excited about being a part of this great institution and I’m looking forward to learning from two of the best coaches in the women’s lacrosse world. I’d also like to thank Stony Brook and head coach Joe Spallina for a great five years and allowing me to grow, both personally and professionally.”In June, former Syracuse women’s lacrosse coach Michelle Tumolo was named an assistant at Oregon. The Orange comes off a year in which it advanced to the Final Four before losing to Maryland.AdvertisementThis is placeholder text Commentslast_img read more

Pacers have a ‘chance to be really special’ next season, Victor Oladipo says

first_img“I know what type of player he is, the level that he plays on and has been playing on the last couple of years from Milwaukee,” Oladipo said. “To have him as an addition is pretty big for us.”Oladipo ruptured his quad in late January and missed the rest of the season. He’s expected to be sidelined to start 2019-20. NBA trade rumors: Pacers would need ‘incredibly significant offer’ to move Myles Turner Lakers eyeing Dwight Howard after DeMarcus Cousins’ injury, report says And, that’s not all.The Pacers biggest acquisition was Malcolm Brogdon, who they landed in a sign-and-trade with the Bucks. Brogdon, who averaged 15.6 points and shot 42.6% from 3-point range last season, then inked a four-year, $85 million deal with Indiana.”We added a lot of fire power offensively, but we always wanted a team on a good timeline,” Indiana president of basketball operations Kevin Pritchard told reporters in early July. “We feel we have a young team, a very vibrant up-and-coming team that’s willing to get better. We like guys who love the game. You can always tell when guys love the game, they have these incremental improvements every year.”Oladipo said he was excited to play with Brogdon. Victor Oladipo is confident in the Pacers.Indiana made multiple moves this summer and Oladipo said he believes the team will “definitely” make the playoffs next season. NBA free agency news: Patrick Patterson signs 1-year deal with Clippers “I feel like we got some great additions,” Oladipo said this weekend, via the Indianapolis Star. “We got a chance to be really special. I feel like the league is wide open.”The Pacers finished 2018-19 with a 48-34 record and were swept by the Celtics in the first round of the playoffs. They lost some key pieces from that team — including Thaddeus Young, Bojan Bogdanovic, Darren Collision and Cory Joseph. But, they replaced them with the likes of Jeremy Lamb, T.J. Warren, T.J. McConnell, Justin Holiday and JaKarr Sampson. Related Newslast_img read more