The following language was in the per curiam opinion in Roman Catholic Diocese of Brooklyn, NY v. Cuomo.
If only 10 people are admitted to each service, the great majority of those who wish to attend Mass on Sunday or services in a synagogue on Shabbat will be barred.
Slip opinion at page 5, <https://tinyurl.com/y4zewqz8>. I have to suggest . . . the language here . . . isn’t it odd? Right? And . . . the 5 members of the Supreme Court joining the per curiam opinion are: Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ. Not a Jewish person in the bunch. Right? So isn’t this language a bit odd? Just a little? I am not complaining, but if an executive body did this . . . would not we characterize this as some sort of establishment of religion? I am not complaining . . . but why would the Court do this? Why did not the dissenters—dissent? Is not there one ACLU-type Supreme Court law clerk around?
Can I get odds on whether this language will make it into United States Reports?
5 … 4 … 3 … 2 … 1: Someone will blame this on Trump. Just a matter of time.
Seth Barrett Tillman, Blame It On Trump, New Reform Club (Nov. 26, 2020, 1:37 PM), <https://reformclub.blogspot.com/2020/11/blame-it-on-trump.html>;