In an unsigned order, the Supreme Court noted that the New York state courts had yet to issue a final order in the case, and that Yeshiva could return to the Supreme Court after the New York courts have acted.
“The application is denied because it appears that applicants have at least two further avenues for expedited or interim state court relief,” the court said.
Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, dissented from the court’s order, noting that the lower courts could take “months to rule.”
“I see no reason why we should not grant a stay at this time,” he said.
Noting that the school objected to recognizing a group that would have implications that are not consistent with the Torah, Alito said, “The First Amendment guarantees the right to the free exercise of religion, and if that provision means anything, it prohibits a State from enforcing its own preferred interpretation of the Holy Scripture.”
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