A rare—if temporary—victory for LGBTQ equality, by the narrowest 5–4 vote.
the “final judgment” of a state’s highest court. But there’s no final judgment here: New York’s highest court is waiting for Yeshiva’s lawyers at the Becket Fund to correct their error and refile, teeing up a proper appeal. These lawyers were really asking SCOTUS to bend the rules just for them, and it backfired: Roberts and Kavanaugh sided with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in swatting down their emergency application.
Predictably, Justice Samuel Alito penned a dyspeptic dissent joined by Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett accusing the majority of shirking “its duty to stand up for the Constitution even when doing so is controversial.” Notably, Alito’s dissent focused on the merits of the case: He accused New York of forcing “a Jewish school to instruct its students in accordance with an interpretation of Torah that the school, after careful study, has concluded is incorrect.
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