One correct sentence in the whole fiasco

 Sotomayor in her dissent also dismissed the diocese’s argument that New York’s restrictions are “impermissibly targeted at religious activity.”

Nothing targeted religion, just mass gatherings.  

No one on either side noticed this mis fire, mainly because they all had ruled all over the map prior. Second, the liberal judges won't apply common sense since they all planned to leave common sense behind, later,  in support of whatever tribe they represent.

But I give it to Sotomayor, at least she is willing to tackle the problem, of 'make shit up' though I can still see her hedge. She started thinking this over after she was over ruled on Due Process in the fireman's case. And, she essentially agrees with me to an extant, 'make shit up' just jams the federal courts something fierce, it is a license to 'make shit up', precisely to jam shit up. National Review and the Ghost and Goblin crowd have been one of the first offenders, but everyone is in one it.