Severino & Scaturro: Biden suffers Supreme Court smackdown

The Supreme Court term has been a good one for those who believe in the original meaning of the Constitution and the rule of law.

That bloc of five made the difference in the first major constitutional issue the Court decided. It granted Catholic churches and Jewish synagogues challenging New York’s COVID restrictions on worship under the Free Exercise Clause injunctive relief in Roman Catholic Diocese of Brooklyn v. Cuomo by a 5-4 vote.   The Supreme Court term has been a good one for those who believe in the original meaning of the Constitution and the rule of law. Another free exercise victory came in Fulton v. City of Philadelphia, where a unanimous Court struck down Philadelphia’s refusal to contract with Catholic Social Services based upon its longstanding beliefs that prevented certification of same-sex couples as foster parents.The case notably included the first time a majority of justices (in separate opinions) expressed their disagreement with Employment Division v. Smith, the 1990 precedent which sharply narrowed the Free Exercise Clause. Smith is likely to be overruled in a future case. For now, the more than decade-long record of wins for religious freedom and expression in opinions the Court’s opinions continues.