Tag Archives: supremecourt

The Tandon V. Newsom Lawsuit: Negotiating Religious Gatherings During a Pandemic

On April 9, The Supreme Court ruled in favor of Ritesh Tandon et. al., plaintiffs in a lawsuit against the restrictions imposed by Governor Gavin Newsom on the people of California during the COVID-19 pandemic crisis. One of these restrictions, detailed under the “Blueprint for a Safer Economy,” implemented on August 30, 2020—based on a tiered evaluation of the number of positive COVID-19 test cases, ICU capacity, and a health equity metric—imposed limitations on religious gatherings at homes to three households at most.

The Tandon v. Newsom lawsuit stated that these restrictions violated the freedom to practice religion and increased economic hardship faced by some businesses. 

Indian American attorney and Republican party official, Harmeet Dhillon, partnered with the law firm Eimer Stahl to file the lawsuit on behalf of Ritesh Tandon, a Republican who lost to incumbent Democrat Ro Khanna in the last general election for U.S. House California District 17 on November 3, 2020 (28.7% to 71.3%). Dhruv Khanna, a winemaker at Kirigin Cellars, as well as nine others were parties to the lawsuit.

The Court’s Opinion on Removing California’s In-Home Religious Gathering Restrictions

In a 5-4 ruling, the Supreme Court stated that government regulations “trigger strict scrutiny under the Free Exercise Clause.” The court’s opinion was that some activities, like frequenting a hair salon or shopping at a hardware store, were treated more favorably than at-home religious ceremonies since there were no restrictions on the number of households allowed to congregate at any given moment at these places of business. The Court noted that by custom-fitting the restrictions, the state opened itself up for stricter scrutiny. 

In the Court’s opinion, the government did not make a convincing case that in-home religious gatherings were more dangerous than other allowable activities, like shopping in a grocery store.

The Dissenting Opinions

Chief Justice John Roberts dissented with the Court’s stance, and Justice Kagan, joined by Justices Breyer and Sotomayor, filed a dissenting opinion. Justice Kagan wrote that “If the State also limits all secular gatherings in homes to three households, it has complied with the First Amendment. And the State does exactly that: It has adopted a blanket restriction on at-home gatherings of all kinds, religious and secular alike.” 

When comparing customers frequenting a hair salon or hardware store to in-home religious gatherings, Justice Kagan in agreement with the lower appellate court found that “when people gather in social settings, their interactions are likely to be longer than they would be in a commercial setting,” with participants “more likely to be involved in prolonged conversations.” And “private houses are typically smaller and less ventilated than commercial establishments,” with social distancing and mask-wearing more difficult to enforce. 

Justice Kagan summarized the Supreme Court’s decision as a command to California to ignore its experts’ scientific findings, thus impairing the State’s ability to respond to an emergency.

California’s restrictions are likely what got us Californians through the toughest period of the pandemic. Infectious disease expert Dr. Anthony Fauci, in an interview with KQED, agreed with the governor’s strict regulations stating that it would be dangerous to have a surge that could deplete the supply of necessary health care resources. “And because of the stress on the health care system, I think what the governor did was both prudent and advisable.”

Lessons from India

A glance at India, at this moment, gives credibility to Fauci’s remark. India did not impose restrictions on religious gatherings, indoor or outdoor. Indeed, as the second wave of infections began to rear its head in April, millions gathered in Haridwar, Uttarakhand, for the Maha Kumbh Mela, and then boarded buses to return to their hometowns. Experts concede that this religious gathering, as well as mass political rallies, caused the pandemic to proliferate unchecked. 

Ads placed by Tirath Singh Rawat (Image from Caravan)

Knowing that an activity will endanger the public and yet choosing to pursue that said activity is morally reprehensible. The chief minister of Uttarakhand, Tirath Singh Rawat, ran front-page advertisements in newspapers across India, persuading Hindu devotees to attend the festival. And Rawat’s rejoinder, amid concerns that the festival could turn into a super-spreader event, was to remark that “faith in God will overcome fear of the virus.”

Would hindsight knowledge of India’s outbreak have altered the course of lawsuits against COVID-19 restrictions in California? It’s not exactly clear. 

Lawsuits Galore

According to Ben Christopher of CalMatters, since mid-January 2021, there were 64 lawsuits filed against the state of California, and Governor Gavin Newsom in particular. From gondoliers, manicurists, barbers to a saxophonist, and even “a disappointed bride-to-be,” many have found reason to claim hardship due to the state’s stringent regulations. 

The representing plaintiff in many of these lawsuits is Harmeet Dhillon, who, according to Christopher, remarked that “We do not shut down our highways because people die in car accidents.” However, as Christopher pointed out, a contagion can hardly be compared to an accident. One has a high risk of spread, while the other does not.

These lawsuits are stress-testing government procedures during an unprecedented crisis. While, certainly, the restrictions did impose hardships on small business owners and essential workers, there is strong evidence to suggest that it saved the lives of many. 

Religious worship aside, even the consideration of economic hardship is a balancing act during a health pandemic. Since March 2020, government leaders have had to balance the loss of jobs against the loss of lives. Both cause extreme distress. Yet, in only one case is there the possibility for future earnings. 

Religious Precept

Especially during a crisis, religion is necessary, but at what cost? Robert Jones, Founder of the Public Religion Research Institute, articulated it best in an article published by U.S. News and World Report: “For most religious traditions, the idea of self-sacrifice in service to the community and common good are core theological principles. These temporary measures [government restrictions] are consistent with those beliefs.” 

The Tandon v. Newsom lawsuit, in arguing for the right to hold in-home religious gatherings, muddles the very purpose of a faith and belief system that places religion above human lives, politics above protection, and profit margins over safety.

Jaya Padmanabhan is a guest columnist and her point of view is not necessarily that of India Currents. 

Featured Image sources – 

Governor Gavin Newsom: Wikimedia Commons by Gage Skidmore

Ritesh Tandon: tandonforcongress.com

 

What I Admire About RBG

Supreme Court justice, Ruth Bader Ginsburg succumbed to complications of pancreatic cancer on September 18, 2020 but Justice Ginsburg will be alive in the annals of American law. She paved the way for American women, one case at a time.

Ginsberg co-founded the Women’s Right Law Reporter, a pioneering law journal at Rutgers where she taught. She advocated as a volunteer attorney at the American Civil Liberties Union’s Women’s Rights Union. In the mid 1970s she argued half a dozen gender discrimination cases before the high court winning all but one. Ginsberg was appointed as a judge in the U.S. Court of Appeals for District of Columbia by President Jimmy Carter in 1980. Her appointment as the second woman on the US Supreme court in 1993 (guided by Hilary Clinton) was one of the best undertakings by President Bill Clinton.  

The Supreme Court justice who gave an unbiased ear to every argument had a famous quote: Every now and then it helps to be a little deaf!

From the vast ocean of evidence, she created her life. She is a beacon of hope for every woman and is a true American hero. She changed history through her landmark cases and built precedence by methodically arguing for gender equality based on the Fourteenth Amendment. 

And now, every woman can claim equal access to education, equal pay, equal military allowance, access contraception, take maternity leave, cut a man’s hair, buy a drink, administer an estate, serve on the jury, and get equal social security benefits. The list is formidable and speaks of her equally intimidating stance on these issues! She wiped close to 200 laws that discriminated against women off the books. She believed that “women would have achieved true equality when men share with them the responsibility of bringing up the next generation.”

The personality traits I admire of hers:

  • A brilliant mind always at work
  • A rational minimalist
  • Her slow deliberate speech 
  • Measured sentences spoken with thought
  • Total dedication to work 
  • Her commitment to get the law right
  • Steel trap of a memory and ability to recall every word
  • Profound personal dignity 
  • An innate sense of justice
  • Her “ cool” connection with the Millenials as the “notorious” RBG”
  • Her crusade on gender equality
  • Her sense of humor “Ginsburned”!
  • Her warmth towards her staff, colleagues, friends
  • Her determination to remain healthy despite  multiple cancers
  • She showed up to work every day and handled her full load
  • She was a crusader for gender equality 
  • Her zeal to work with her trainer

When I look upon the black and white photo of Ruth Bader Ginsburg as a two-year-old, I can tell that she will be one of the most influential women of this century. I think the best costume for girls this Halloween and for years to come will be RGB in her black robes and white beaded collar!

The death of Justice Ginsburg at this tumultuous time is a phenomenal loss to America. There never will be another like her. Her death leaves a great political void. Chief Justice John Roberts no longer holds the controlling vote in cases cleaved right in the middle of liberal-conservative lines. RGB ruminated on this and her last fervent wish was, “not be replaced until a new president is installed.”

It behooves the people of the United States to make their views heard before the election and uphold her wish! There are too many transformative cases like Obamacare that lay precariously in the hands of the new Supreme Court. Our “notorious” RBG was curious, laborious, and glorious in her life. Let’s work hard to honor this courageous Supreme Court Judge.

Monita Soni grew up in Mumbai, India, and works as a pathologist in Decatur Alabama. She is well known for her creative nonfiction and poetry pieces inspired by family, faith, food, home, and art. She has written two books: My Light Reflections and Flow through my Heart. She is a regular contributor to NPR’s Sundial Writers Corner.

Quarantet Celebrates LGBTQIA Win in Supreme Court

A Supreme Court win marks a historic victory for the LGBTQ community. In a 6-3 decision made by both conservative and left-leaning Justices, federal law now defends all gay, lesbian, and transgender employees from discrimination in the workplace. As stated by Justice Neil Gorsuch, “There is simply no escaping the role intent plays here: Just as sex is necessarily a but-for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decisionmaking.” The decision addresses decades of prejudice against the LGBTQ community within the workplace, and opens the door towards more civil rights for all sexual orientations. 

The fight for equality manifests in every aspect of our daily lives, including music. Composer, drummer, and dhol player Sunny Jain brought together a socially-distanced quartet in honor of Pride Month — a combination he likes to call a ‘Quarantet’. The composition is an intriguing blend of classical Indian and Western music, with instruments such as the mrudangam and dhol offset by Kathak rhythms. In his own words, Jain describes the RHYTHM AND PRIDE quarantet as “honoring Pride Month today & everyday, while also remaining committed to the rhythm of the streets & Black Lives Matter.” While recognizing the legacy of the LGBTQ movement through their spirited video, the group also plans to donate their proceeds towards organizations focused on racial equality, such as the Bail Project. This project represents the intersectionality between race and LGBTQ identities, and how these challenging times also permit us to celebrate both. 

https://www.youtube.com/watch?v=vwLwOPHYXLQ

Learn more about Jain’s music at his Instagram and Facebook.

Kanchan Naik is a rising senior at the Quarry Lane School in Dublin, California. Aside from being the Youth Editor at India Currents, she is also the editor-in-chief of her school newspaper The Roar, Teen Poet Laureate of Pleasanton, and Director of Media Outreach at nonprofit Break the Outbreak.