Supreme Court Justice Neil Gorsuch argued in a Thursday decision that religious schools in Kentucky deserved to have their day in court rather than, as his colleagues did, sidelining their challenge to the governor's coronavirus restrictions.
The majority rejected the challenge, noting that Democratic Governor Andy Beshear's executive order, which prohibits in-person instruction, would expire within weeks.
In doing so, they maintained a lower court order blocking the schools' attempts to halt Beshear's executive order. Gorsuch, whom Justice Samuel Alito joined in dissenting, contended that the governor should face judicial review, regardless of the timeline. "[T]he applicants are entitled to a fair assessment of their rights under accurate.
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