The Supreme Court’s Role in the COVID-19 Pandemic

The Supreme Court of the United States plays an important role during this pandemic. With its changing composition, its decisions also become more skewed to the right. In October 2020, President Trump selected Justice Amy Coney Barrett, the favorite candidate of conservatives, to take up the late Justice Ruth Bader Ginsburg’s seat on the Supreme Court. This expanded the court’s conservative block to 6 which solidified a great number of future cases in favor of conservatives. The conservative majority court has proven to be extremely influential during a time of many disputes over COVID-19 restrictions and policies. An increasingly conservative court along with a recently sworn-in Democratic President, Senate, and House of Representatives suggests that the Supreme Court may be out of touch with the American populace.

Examples of COVID Court Cases

Even before the confirmation of Justice Barrett, the Supreme Court’s conservative party used its majority to side with lesser COVID restrictions. In August 2020, the Court decided on a case that dealt with COVID-19 measures in California jails. The Orange County officials wished to remove an injunction on their county that would have forced jails to provide COVID tests, maintain social distancing, and provide cleaning supplies. The jails argued that this injunction interfered with the administrative jurisdiction that the county has regarding the jails. The ACLU (American Civil Liberties Union) argued that this injunction must be placed because the county officials were ignoring the health of their inmates; the ACLU pointed out that more than 300 inmates had already tested positive for the virus, and they were being packed in tight spaces with makeshift masks and watered down disinfectant. The five conservative justices sided with the county officials and did not give reasoning as is common with an emergency order as this case. However, the four liberal justices issued an 8-page dissent. Justice Sonia Sotomayor proclaimed that the court officials had misled judges by claiming that their jails were maintaining proper social distancing and were providing adequate cleaning supplies. Justice Sotomayor pointed out that many witnesses and officials had stated that this was false. Her dissent stated, “This court normally does not reward bad behavior,” regarding the court officials’ tactics of litigation. This decision in favor of lesser COVID-19 restrictions opened the way for a vast array of similar cases. These cases were usually decided by the conservatives justices, especially after Justice Barrett was confirmed.

One such case involved churches and the first amendment. In February 2021, the Court heard cases from houses of worship in the Santa Clara County of California. The religious institutions argued that the state’s gathering restrictions affected churches differently than secular businesses, thus violating the first amendment’s freedom of religion. The Court sided with the churches in this case with the three liberal justices, Justice Sonia Sotomayor, Justice Stephen Breyer, and Justice Elena Kagan, dissenting. This case had a profound impact because it set a federal precedent in favor of lesser COVID-19 restrictions. It allowed for the further opening up of social gatherings in places like churches.

How is the Conservative Majority Affecting the Respect of the Supreme Court?

In 2021, after the installation of Justice Barrett, the conservative majority reversed several decisions that regarded COVID restrictions on places of worship. In 2020, when Justice Ginsburg was still on the bench, Chief Justice John Roberts had sided with the four liberal justices several times to decide on cases in California and New York. These cases had ensured that places of worship had to stay within the restrictions of state COVID policies. These decisions got reversed in 2021 with a six conservative majority.

These recent exceptions being given to religious entities shows a trend of the Supreme Court placing religious groups above other protected groups. A new survey conducted by Pew Research Center in 2020 showed that 79% of Americans agreed that religious groups should follow the same COVID restrictions as secular businesses and individuals. The Supreme Court’s decisions suggested that it may be promoting religious extremism or religious authority. The institution remains based on law, but it is important to note that, according to Gallop, less than half of all Americans identify as religious. The Court’s legitimacy in the eyes of the public could be in jeopardy if the increasingly liberal population sees the Court as promoting private religious authority. These claims are being investigated currently as the Biden-Harris Administration ordered extensive studies and panels on the make-up, legitimacy, and actions of the Supreme Court.

How You Can Help

The best way to help recognize the legitimacy of the Supreme Court is to follow your state’s COVID policies. This helps the Court’s decisions and referral power to remain in action. The rule of law keeps the Court’s power legitimate. If you want to help how legislators and the Whitehouse deal with the Court, the advocate for what you want to see. Protesting and spreading your message on social media while recognizing the importance of social distancing is the best way to help. If you want the Supreme Court to change, say it. If you want the COVID restrictions to not apply to churches, then advocate for yourself. Becoming politically active is important because it ensures that the will of the American people is seen and protected. If you are not in the United States, then you can keep track of your country’s COVID policies and laws.

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Works Cited:

• Atkins, David. “The Conservative Supreme Court Is Out of Touch with an Increasingly Secular America.” Washington Monthly, 12 Apr. 2021, washingtonmonthly.com/2021/04/11/the-conservative-supreme-court-is-out-of-touch-with-an-increasingly-secular-america/.

• Jones, Jeffrey M. “U.S. Church Membership Falls Below Majority for First Time.” Gallup.com, Gallup, 1 Apr. 2021, news.gallup.com/poll/341963/church-membership-falls-below-majority-first-time.aspx.

• Liptak, Adam. “Split 5 to 4, Supreme Court Rules for California Jail Over Virus Measures.” The New York Times, The New York Times, 5 Aug. 2020, www.nytimes.com/2020/08/05/us/coronavirus-supreme-court-california-jail.html.

• Sprunt, Barbara. “Amy Coney Barrett Confirmed To Supreme Court, Takes Constitutional Oath.” NPR, NPR, 27 Oct. 2020, www.npr.org/2020/10/26/927640619/senate-confirms-amy-coney-barrett-to-the-supreme-court.

• Vogue, Ariane de. “Supreme Court Once Again Sides with Houses of Worship in Dispute over Covid Restrictions.” CNN, Cable News Network, 27 Feb. 2021, www.cnn.com/2021/02/26/politics/supreme-court-california-churches-covid-restrictions/index.html.