Governor Cuomo, Professor Kim Waylay, Justice Alito discussed on Morning Edition


Your governor, Andrew Cuomo had limited attendance to religious services in areas designated as red zones, just 10 people. In a 54 decision. The conservative majority found that these rules were quote severe and inflexible. Joining us now law Professor Kim Waylay and Him. Thanks for being with us on this Thanksgiving. I didn't expect so much legal news. You're helping us understand a few stories this morning. Happy to be here. Can you just talk about the legal questions that that were at stake here? And this ruling about Governor Cuomo's restrictions? Yeah, There are three really big issues. One is the First Amendment. So essentially, the majority held That the restrictions were potentially unconstitutional under the First Amendment, to the extent to which they negatively affected houses of worship. The second is is the kind of relief that was granted here. This is a prelim preliminary injunction. The court could change its mind when we get later to the full hearing, but it's extraordinary relief. And essentially, Cuomo has backed off of that order. So there's a strong argument that this was mood in this moment. It doesn't apply to any houses of worship. So it's pretty extreme for the court to nonetheless grant a preliminary injunction on the possibility that the order will kick back in and the third legal issue is really one as a federalism that is, um as the lower courts held in the descent held. This is a state trying really hard to keep the members of the public safe. During a pandemic. And you would think jet conservatives would kind of back off of that and say, Listen, this is state sovereignty. We're not as justice is going to jump into this fray even if there is arguably a First Amendment issue, and the descent also said This'll wasn't a singling out. Houses of worship. They were affected, but they weren't discriminated against intentionally least on this record on that's that's the place that the majority disagreed. And having justice Barrett on the court is what put it over the edge because over the summer, similar claims by Nevada and California failed, so we're seeing already. Effects of her fire drill appointment to the U. S Supreme Court prior to the in this very case, I mean, John Roberts sided with the Liberals here, right? And yet the conservative majority was still able to hang on to Two of 54 majority, which which is extraordinary, Exactly, and he you know, he sided with the majority or the liberals. On the point of that I mentioned earlier on this muteness point. He's listening. He's saying, Listen, if this were to come back to life, If Cuomo were to re impose this, the church's could come back to us. We should just sit tight and not jump in. And that's a that's a conservative approach. But again as you indicated, Justice Bharat what went with the majority justice is Gorsuch and Cavanaugh weighed in separately in their own concurring API opinions on I think what we're seeing here is we're going to see an elevation of First Amendment rights over other public issues of public concern. Because this majority is conservative majority is very, very worried. We saw this With Justice Alito in his Federalist speech this last week. So I mean, just in the few seconds we have left. If this was a moot question, the state of New York was this a majority, basically sending a message that these issues are very important. I want to send a message here. I do think this is going to potentially chill states governors in the future when they issued these orders that they have to kind of handle religious institutions with kid gloves. Um, well, a law professor at University of Baltimore, also author of the book How To Read the Constitution. And Why, Kim. Thank you as always, and have a lovely Thanksgiving. Thank you, David. We've had nearly nine months of the pandemic to get this right, and still, many healthcare workers do not have the personal protective equipment that they need, Wellstone reports. There are days when ER nurse Rachel Hines leaves her shift certain it couldn't get worse. And yet somehow it is just a little bit worse every single time. Heinz works in Bismarck, North Dakota, where hospitals have been buckling under the unrelenting flood of covert patients for weeks, all right friends when you feel like I should be in four different places at once, people's lives are hanging on, and I can't even check if their oxygen level is okay. Or check if their airways Okay like just the basic, make sure that they're still alive. Not everywhere is quite as bad as North Dakota. But many places are starting to look that way more than 1000 hospitals or critically short on staff and the fears among health care workers are familiar. Not enough people and not enough personal protective equipment We are still wearing and 95 for the entirety of our shift, Whether that's 12 hours or the other day I worked a 16 hour shift before the pandemic that would be unheard off. These and 95 masks shield against tiny airborne droplets, and they're only supposed to be used once. But now heights considers herself somewhat lucky. She even gets one per shift. Mary Turner, who works in a covert ICU, is president of the Minnesota Nurses Association. I have nurses in Minnesota that still wear their masks 8 to 10 shifts. Shortages of Peopie aren't quite as widespread as during the spring. Some states have stockpiles. But there's huge variability and it's difficult to track there's not enough funding domestic manufacturer still can't keep up and their ongoing issues with the global supply chain Doctor Shika Gupta is with the nonprofit Get us Peopie. We simply don't have the supply that we need to match the demand that we're going to see over the coming months, she says. Even big academic hospitals are starting to reuse pp. It's not just masks, she says. Soon, even gloves will be really hard to find. We could have learned from our mistakes, but we haven't often healthcare workers on designated covert units are the only ones hospitals can give and 95 masks. Maria Gray is a nurse in one of Missouri's worst hot spots. Not long ago, she spent two days with a patient who then leader tested positive. I have to listen to their lungs. I have to listen to their heart but were not issued in 95 in that unit, even though technically we're being exposed. Luckily, she didn't get infected, but she worries there already strapped for help in cases are rising fast. The house is full almost every night. We're like right at the beginning, even places where it's not quite as dire yet. Healthcare workers already feel the strain. Cindy Frank is a nurse in Bremerton, Washington. Over the summer, Frank's Hospital had an outbreak of Cove it more than 70 staff and patients got infected. Several people died and now the staff is just stressed out. They don't have any confidence nurses were quitting. It is just a real mess. And for some health care workers concerns go beyond PP and staffing. Jessica Scarlet, a travel nurse is still recuperating after three months of caring for No one but covert patients at a hospital in Texas. I needed a break emotionally and physically, you could just see the fear in their eyes. There was one guy he would always say. Please sit with me on really scared the day before I left. He was in today that Scarlet says she may take another assignment as long as there's adequate Peopie, But.

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