Justices order review of Colorado, New Jersey worship limits
Legal Events
The Supreme Court on Tuesday ordered lower federal courts in Colorado and New Jersey to reexamine state restrictions on indoor religious services to combat the coronavirus in light of the justices’ recent ruling in favor of churches and synagogues in New York.
The high court’s unsigned decisions did not rule that limits imposed by Colorado Gov. Jared Polis and New Jersey Gov. Phil Murphy were improper. But they did throw out federal district court rulings that rejected challenges to the limits.
The High Plains Harvest Church in the rural town of Ault in northern Colorado sued Polis, while a Catholic priest and a rabbi challenged the restrictions in New Jersey.
Last month, the Supreme Court split 5-4 in holding that New York could not enforce certain limits on attendance at churches and synagogues. The high court subsequently ordered a new look at California worship service restrictions that had been challenged.
Colorado told the justices last week that it had amended a public health order “to remove capacity limits from all houses of worship at all times in response to this Court’s recent decisions.”
That should have settled the matter because “there is no reason to think Colorado will reverse course?and so no reason to think Harvest Church will again face capacity limits,” Justice Elena Kagan wrote in a brief dissent that was joined by Justices Stephen Breyer and Sonia Sotomayor. No justice noted a dissent from the New Jersey decision.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.