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December 8, 2020

The Implicit Bargain behind the Supreme Court’s Ruling on Religious Liberty during the Pandemic

States can impose restrictions on houses of worship, so long as they are not discriminatory.

Just before Thanksgiving, the U.S. Supreme Court decided in favor of Agudath Israel—the nation’s leading ḥaredi organization—and the Catholic diocese of Brooklyn, which claimed that New York State’s restrictions on houses of worship located in neighborhoods deemed coronavirus “hotspots” constituted an undue burden on the free exercise of religion. Examining the decision, Michael A. Helfand writes:

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