Whether the State's restrictions on church assembly and worship violate the Establishment and Free Exercise Clauses under the Founders' understanding

QUESTIONS PRESENTED This is a vital case of first impression concerning our most sacred rights of religious freedom and the very nature of the Church and State as separate and distinct institutions. Petitioner Tony Spell, pastor of Petitioner Life Tabernacle Church, was arrested, charged with 6 violations of wrongful church assembly with possible imprisonment of up to 3 years, confined to his home in an ankle bracelet, ordered not to preach to an assembly of more than 10 people (including himself), threatened with contempt of court if he continued preaching, and his home and church were put on video surveillance when he did not comply with Louisiana Governor John Bel Edwards’ orders restricting church assembly. In the decision below, the Fifth Circuit held that these State restrictions did not violate Petitioners Pastor Spell and Life Tabernacle Church’s clearly established rights under the Religion Clauses of the First Amendment. The court implied Pastor Spell and the Church would have won their case if they had argued under Lukumi that the restrictions on church assembly were disparate treatment compared to restrictions on secular assemblies. But, because Pastor Spell argued that the Governor had no right to limit church assembly whatsoever under the Founders’ understanding as articulated in Everson, the court found that he chose to lose. The questions presented are: 1. Whether bringing an Establishment Clause claim in conjunction with an_ inextricably intertwined Free Exercise Clause claim negates ii this Court’s precedent holding that Establishment Clause claims are to be reviewed based on the Founders’ understanding as articulated in American Legion v. American Humanist Association, 139 S. Ct. 2067 (2018) and reiterated in Kennedy v. Bremerton School District, 142 8. Ct. 2407 (2022). 2. Whether State orders that restrict Church assembly and worship violate the Establishment and Free Exercise Clauses under the Founders’ understanding of the Religion Clauses: a. Whether the Founders’ understanding of the Religion Clauses enshrined a_ jurisdictional separation of Church and State that requires that the State “shall not” restrict the Church absent “overt acts against peace and good order” as understood by the Founders and articulated by this Court in Reynolds v. United States, 98 U.S. 145 (1878). b. Whether this Court’s decision in Everson v. Board of Education of Ewing Township, 330 U.S. 1 (1947) recognizes the Founders’ jurisdictional understanding of separation of Church and State as forbidding the State from forcing people to stay away from church or punishing those who attend. c. Whether the Church’s internal decision to assemble together for worship is a decision that “affects the faith and mission of the church itself’ such that the State cannot interfere with it as articulated in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., 565 U.S. 171 (2012).