Governor Cuomo should declare the Court mistaken, and ignore the ruling. After all, if Justice Ginsburg had not died, this case would have come out the other way, as everyone knows. Her appointment in Samarra should not change constitutional law, a proposition even conservatives who profess commitment to the rule of law might agree upon.I agree that her appointment should not change constitutional law, and people should have the right to attend church just as they have for centuries.
I guess Leiter is assuming that because Ginsburg never attended church, she might not recognize the rights of others. He could be right about that.
I am surprised to see Leiter reject judicial supremacy in this way. Yes, there are times when a governor should ignore a supreme court ruling. I just don't think he picked a good example.