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Religious Institutions Update: December 2020 - Litigation, Mediation & Arbitration

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 ....

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FDA moves on second vaccine and rapid coronavirus tests

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The Food and Drug Administration approved the first over-the-counter coronavirus test just days before the agency is expected to authorize a second vaccine manufactured by Moderna.
The FDA
issued an emergency use authorization Tuesday for the Ellume COVID-19 Home Test, the first over-the-counter diagnostic test for COVID-19. Ellume Health, a developer of diagnostic medical tests based in Australia, says the test can be used anywhere and returns results in 15 minutes.
The test employs nasal swabs to look for fragments of coronavirus proteins. The results are then sent to the user’s smartphone. It can be used to test anyone age 2 or older. ....

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Supreme Court Strikes Down Restrictions on Colorado Churches

AP Photo/Patrick Semansky
In a 6-3 decision, the Supreme Court granted a temporary injunction to a Colorado church that was fighting Governor Jared Polis’s restrictions on capacity.
The court pointed to a decision in New York where the Catholic diocese of Brooklyn sued Governor Andrew Cuomo over his pandemic restrictions and won on the grounds that Cuomo’s orders violated the First Amendment.
This would appear to open the door to churches nationwide to decide their own COVID policies.
Justice Elena Kagan dissented, along with Justices Stephen Breyer and Sonia Sotomayor, pointing to the fact that Colorado had preemptively lifted its church limitations once the High Plains Harvest appealed to the high court. ....

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