Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620

The record

Jurisdiction

United States (New York orders) · New York

Level

Court

Authority

Appeal from denial of preliminary injunction; remand from the Supreme Court

Issued

2020-12-28 Dec. 28, 2020

Effective

2020-12-28

In force

Dec. 28, 2020 to Mar. 31, 2021

Quarters

2020 Q42021 Q1

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Capacity limitGathering cap

Addressees

• Governor of New York

Functions reached

• WS EO 202.68 fixed caps (10/25) enjoined
• percentage caps (25%/33%) remanded

Collection

Religious Organizations and Nonprofits SEC-16

Operative words

With respect to the Diocese's appeal, No. 20-3590, we REVERSE and REMAND with directions for the district court to issue a preliminary injunction prohibiting the Governor from enforcing the Order's 10- and 25-person capacity limits. With respect to Agudath Israel's appeal, No. 20-3572, we REVERSE in part and REMAND for the issuance of a preliminary injunction as to those fixed capacity limits. We also VACATE the district court's denial of Agudath Israel's motion for a preliminary injunction as to the Order's 25% and 33% capacity limits, and REMAND for the district court to determine in the first instance whether those limits should be enjoined in light of the Supreme Court's decision and this opinion.