Key Cases
In
Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo,
No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the
U.S. Supreme Court enjoined enforcement of the 10- and 25-person
occupancy limits on churches in New York Executive Order 202.68,
pending appeal in the U.S. Court of Appeals for the Second Circuit.
This was an abrupt shift for the court as compared with two cases
reported on previously:
Calvary Chapel Dayton Valley v.
Sisolak, 140 S.Ct. 203 (2020) (see Holland & Knight s
Religious Institutions Update: October 2020)
and
South Bay Pentecostal Church v. Newsom, 140 S.Ct. 1613
(2020) (see Holland & Knight s Religious Institutions Update: July 2020). The
Key Cases
In
Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York Executive Order 202.68, pending appeal in the U.S. Court of Appeals for the Second Circuit. This was an abrupt shift for the court as compared with two cases reported on previously:
Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020) (see Holland & Knight s Religious Institutions Update: October 2020) and
South Bay Pentecostal Church v. Newsom, 140 S.Ct. 1613 (2020) (see Holland & Knight s Religious Institutions Update: July 2020). The court determined that the order was not neutral or generally applicable and thus was subject to strict scrutiny because it singled out houses of worship for especially harsh treatment. In addition, the court ruled that statements made in connection with the challenged rules could be viewed as targeting t
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For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in
Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is expected to resolve a widening Circuit split over what qualifies as an automatic telephone dialing system (“ATDS”) under the TCPA, 47 U.S.C. § 227, et seq., and thus determine much of the scope of the TCPA’s calling restrictions.
Question Presented
The Supreme Court granted review of the question: “Whether the definition of ATDS in the TCPA encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential generator”?”
persons who may gather in churches or synagogues, which are not designated as ‘essential
businesses’, for the purpose of combatting the increasing spread of COVID-19. The limits applied
to different areas of New York City that were designated by colors: red for the worst-hit areas,
orange for seriously hit areas, and yellow for areas that were starting to limit the spread of
COVID-19. The number of persons who were allowed to be present at the same time at a gathering
in a house of worship was limited to the lesser of 10 people or 25% of maximum capacity in a red
zone; 25 people or 33% of maximum capacity in an orange zone; and 50% of maximum capacity