From Sanjoy Mahajan:
I skimmed the decision yesterday morning, as part of enjoying Thanksgiving. It was good to read some choice words against medical tyranny. But there are concerning aspects.
First, it was a temporary injunction. So, it expires when the whole legal process finishes — in particular, when the 2nd Circuit rules and the Supreme Court decides whether to hear an appeal.
Second, part of the grounds for the injunction was that not all public places were treated equally — e.g., why is buying alcohol not as restricted as going to church? Thus, what if Cuomo makes his edicts equally authoritarian for all (Gleichschaltung, it might be called)?
Third, it worked partly because it’s a religious matter, and freedom of religion is a constitutional right. Thus, the courts apply “strict scrutiny” to government actions that interfere with this right. But I don’t think that the right to conduct a business is equally protected, nor the right to privacy.