Above link is to the Order of the Supreme Court denying relief, Chief Justice Roberts statement in support of the Order and Justice Kavanaugh’s dissent from the Order.
Chief Justice Roberts, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan voted to deny the application. Roberts wrote a concurrence in support of the denial. Justices Kavanaugh, Thomas, Gorsuch and Alito stated they would have granted the application. Justice Kavanaugh wrote a dissent from denial of the application, joined by Thomas and Gorsuch, but notably NOT by Alito.
I agree with the majority here. There is no First Amendment issue and no religious discrimination at play. Chief Justice Roberts correctly posits that these matters belong solely in the domain of the political branches and are beyond the jurisdiction. Justice Kavanaugh makes a poor argument and it is notable that while Justice Alito dissented from denial, he evidently could not support Kavanaugh’s rather weak argument.
I am on long record as supporting an extremely narrow reading of the Establishment Clause and a very broad reading of the Free Exercise Clause.
But there is a limit to everything and not everything that negatively impacts religion is a violation of the Free Exercise Clause.
I am NOT a supporter of these overly restrictive lock downs. However, I don’t see any legitimate route to challenge them in the courts, particularly under the Free Exercise Clause.
Instead, and as Chief Justice Roberts and the majority posits, battles over these matters must be waged in the political branches.
In any event, hopefully Roberts’ tone puts a definite end to challenges in the Federal Courts. Federal Judge’s should regard this opinion as the end game in this matter and deny any further attempts for relief.