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The Supreme Court on Thursday denied a Kentucky Christian academy’s plea that it should be exempt from the governor’s order requiring all K-12 institutions to temporarily cease in-person classes because of rising coronavirus cases. Danville Christian Academy, joined by Kentucky’s attorney general, said it should not be compared to other schools, but to businesses that have been allowed to remain open with reduced capacities, and doing otherwise was a violation of religious rights. (Barnes, 12/17)

In an unsigned order denying the Danville Christian Academy’s religious-based exemption request, the court noted that Kentucky Gov. Andy Beshear’s (D) school-closure directive would be expiring in roughly a week, and that “there is no indication that it will be renewed.” ... In their Thursday order, the justices suggested the school may have been on stronger legal footing if it had argued that Kentucky’s health order deprived parents of their right “to direct the education of their children,” which the court recognized in a 1990 case. (Kruzel, 12/17)

Justices Samuel A. Alito Jr. and Neil M. Gorsuch each filed a dissent that was joined by the other. Justice Alito said the Supreme Court should have acted sooner to address the challengers’ application and said the courts could still address it. (Liptak, 12/17)