It was early this past October, several months after the initial outbreak of COVID-19. The Jewish community in Brooklyn was just beginning to resume something of a normal routine, when, on the eve of the Jewish holiday of Simchas Torah, Governor Andrew Cuomo decreed yet another shutdown, this one seemingly targeted at religious worship. His “Cluster Action Initiative” caught community leaders off guard—and short on time to challenge it in court before the holiday began. Without firm guidance from the Supreme Court, even after the moment of constitutional crisis has passed, plaintiffs may find themselves in a perpetual state of on-again-off-again litigation. In fact, by the Governor’s own a
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