Midnight Ruling Exposes Rifts at a Supreme Court Transformed by Trump

by 24USATVNov. 27, 2020, 4 a.m. 35
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WASHINGTON — A few minutes before midnight on Wednesday, the nation got its first glimpse of how profoundly President Trump had transformed the Supreme Court.

Just months ago, Chief Justice John G. Roberts Jr. was at the peak of his power, holding the controlling vote in closely divided cases and almost never finding himself in dissent. But the arrival of Justice Amy Coney Barrett late last month, which put a staunch conservative in the seat formerly held by the liberal mainstay, Justice Ruth Bader Ginsburg, meant that it was only a matter of time before the chief justice’s leadership would be tested.

On Wednesday, Justice Barrett dealt the chief justice a body blow. She cast the decisive vote in a 5-to-4 ruling that rejected restrictions on religious services in New York imposed by Gov. Andrew M. Cuomo to combat the coronavirus, shoving the chief justice into dissent with the court’s three remaining liberals. It was one of six opinions the court issued on Wednesday, spanning 33 pages and opening a window on a court in turmoil.

The ruling was at odds with earlier ones in cases from California and Nevada issued before Justice Ginsburg’s death in September. Those decisions upheld restrictions on church services by 5-to-4 votes, with Chief Justice Roberts in the majority. The New York decision said that Mr. Cuomo’s strict virus limits — capping attendance at religious services at 10 people in “red zones” where risk was highest, and at 25 in slightly less dangerous “orange zones” — violated the First Amendment’s protection of the free exercise of religion.

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