"California limits religious gatherings in homes to three households. If the state also limits all secular gatherings in homes to three households, it has complied with the First Amendment," she wrote.
Another Supremes ruling on restriction of activities.
In this case California did as it intended, limit activities at home. It had nothing to do with religion but likely broke other rules. The Supremes are unable to stick to Kragan's simple rule and by now the states have learned to keep religion out of the picture all together.
The Suremes are, in general, a mess. They are all over the map on these issues, and Kragan may get this right, but she will impose her priors elsewhere. The practice in now settled in the federal judiciary with no path to return.
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