AGUDATH ISRAEL OF AMERICA v. CUOMO

Docket Nos. 20-3572-cv; 20-3590-cv August Term, 2020.

980 F.3d 222 (2020)

AGUDATH ISRAEL OF AMERICA, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, Rabbi Yisroel Reisman, Rabbi Menachem Feifer, Steven Saphirstein, Plaintiffs-Appellants, v. Andrew M. CUOMO, Governor of the State of New York, in His Official Capacity, Defendant-Appellee, The Roman Catholic Diocese of Brooklyn, New York, Plaintiff-Appellant, v. Governor Andrew M. Cuomo, in His Official Capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 9, 2020.


Attorney(s) appearing for the Case

Avi Schick , Troutman Pepper Hamilton Sanders LLP, New York, NY ( W. Alex Smith , Troutman Pepper Hamilton Sanders LLP, New York, NY, Misha Tseytlin , Troutman Pepper Hamilton Sanders LLP, Chicago, IL, on the brief), for Agudath Israel of America, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, Rabbi Yisroel Reisman, Rabbi Menachem Feifer, Steven Saphirstein, Plaintiffs-Appellants in No. 20-3572-cv.

Randy M. Mastro , Gibson, Dunn & Crutcher LLP, New York, NY ( Akiva Shapiro , William J. Moccia , Lee R. Crain , Gibson, Dunn & Crutcher LLP, New York, NY, on the brief), for The Roman Catholic Diocese of Brooklyn, New York, Plaintiff-Appellant in No. 20-3590-cv.

Joshua M. Parker , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Letitia James, Attorney General for the State of New York, New York, NY, for Governor Andrew M. Cuomo, in his official capacity, Defendant-Appellee in Nos. 20-3572-cv and 20-3590-cv.

Judge Park dissents from the denial of the motions for injunctions pending appeal.


I

These appeals, which are being heard in tandem, arise from the ongoing COVID-19 pandemic. The pandemic has caused more than 25,000 deaths in New York State and more than 10,000 deaths in Brooklyn and Queens alone. In response to a recent spike in cases concentrated in parts of Brooklyn, Queens, and other areas, Governor Andrew Cuomo...

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