Posted on 10/10/2020 5:49:54 PM PDT by marshmallow
WINDSOR TERRACE — A federal judge denied a request made by the Diocese of Brooklyn for a temporary restraining order to block Gov. Andrew Cuomo from enforcing his new COVID-19 rules on houses of worship.
Judge Eric Komitee’s decision, handed down late at night on Oct. 9 following a hearing that afternoon, means that the new restrictions Cuomo mandated can go into effect.
The hearing took place one day after the diocese filed its lawsuit.
While writing that the decision was a “difficult” one, Komitee sided with the governor. “Under Supreme Court precedent, the right to freely exercise one’s religion does not exempt worshipers from compliance with ‘neutral, generally applicable regulatory law (s).’”
In his decision, Komitee wrote that Cuomo’s executive order was actually aimed at houses of worship in the Orthodox Jewish community and that the diocese “appears to have been swept up in that effort having been mostly spared, so far at least, from the problem at hand.”
The judge noted that in an appearance on CNN Newsroom with Poppy Harlow and Jim Sciuttto on Oct. 9, Cuomo stated that “the cluster is a predominantly ultra-orthodox (Hasidic) community” and that “the issue is with that ultra-orthodox community.”
Bishop Nicholas DiMarzio issued a statement on Oct. 10 expressing disappointment with the judge’s decision and vowing that the diocese’s fight is not over.
“We are disappointed by last night’s initial ruling, but this is only the beginning of the case, and we expect ultimately to prevail. We are seeking what is just,” the bishop stated. “And we have kept parishioners safe and will continue to do so. Thus, there is no reason for this latest interference with our First Amendment right to celebrate Mass together, so we will continue to press the courts and our elected officials to end it......
(Excerpt) Read more at thetablet.org ...
Sad, judge is a Trump judge.
In a sane world, the judge would be sentencing Cuomo to the death penalty for mass murder and crimes against humanity.
In August 2017, Komitee was one of several candidates pitched to New York senators Chuck Schumer and Kirsten Gillibrand by the White House as judicial candidates for vacancies on the federal courts in New York.
On May 10, 2018, President Trump announced his intent to nominate "Commie" Komitee to serve as a United States District Judge for the United States District Court for the Eastern District of New York. On May 15, 2018, his nomination was sent to the Senate. He was nominated to the seat that was vacated by Judge Eric N. Vitaliano, who assumed senior status on February 28, 2017.
On August 1, 2018, a hearing on his nomination was held before the Senate Judiciary Committee. On September 13, 2018, his nomination was reported out of committee by a 21–0 vote.
On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.
On April 8, 2019, President Trump announced the renomination of Komitee to the district court. On May 21, 2019, his nomination was sent to the Senate.
On June 20, 2019, his nomination was reported out of committee by a 21–1 vote.
On December 2, 2019, the United States Senate invoked cloture on his nomination by a vote of 81–5. On December 3, 2019, his nomination was confirmed by a vote of 86–4.
I'll note that "Commie" Komitee is NOT a Federalist Society member - he's just some Lefty pile of dogsqueezins that Trump had to nominate to get it past the Two Commies.
I was kind of worried that he was.
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