The Supreme Court responded to an emergency application filed by Yeshiva University by issuing a “stay” — freezing the lower New York court ruling — meaning that the school will not risk being held in contempt of court for not implementing the trial court’s order while the matter is still pending.
A majority of the nine justices stayed “a New York court ruling, protecting Yeshiva University from having to imminently violate the Torah values that form its religious identity,” Becket Law, which is representing Yeshiva University, announced on Friday.
“Upon consideration of the application of counsel for the applicants and the response and reply filed thereto, it is ordered that the injunction of the New York trial court, case No. 154010/2021, is hereby stayed pending further order of the undersigned or of the Court,” the order by the Supreme Court reads.
Now, the next step will be a full briefing and argument at the Appellate Division of the New York Supreme Court (the second highest New York court). After a decision is made, the party that loses can then petition New York’s highest court (the New York Court of Appeals).
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If Yeshiva University loses with the New York Court of Appeals, the school can then petition the U.S. Supreme Court to take the case.
Moreover, a stay order can only be granted if at least five justices vote for it, which signals that it is very likely the Supreme Court will grant a review and seriously consider reversing the lower courts’ judgements if the New York courts do not change course.
“This New York court held that America’s flagship Jewish university is not religious enough to be protected by the Constitution’s First Amendment,” Breitbart News senior legal contributor Ken Klukowski, who served in the White House and Justice Department, said. “Such a shocking declaration by a left-wing judge on a secular court highlights the stakes for November’s upcoming elections.”
Moreover, it is possible that the U.S. Supreme Court could weigh in with additional measures at any point while the New York courts are still deciding, but that would be a very unusual move, Klukowski noted.
The case application is Yeshiva University v. YU Pride Alliance, No. 22A184 in the Supreme Court of the United States.