In two COVID-related religion cases decided by a divided U.S. Supreme Court late Wednesday night, a dissenting Chief Justice John Roberts Jr., aligned with the court’s liberal wing, rebuked Justice Neil Gorsuch for his characterization of the dissenters as “cutting the Constitution loose during a pandemic.”

Roberts, in a three-page dissent, appeared irritated by the language Gorsuch used in his opinion concurring in the 5-4 majority’s decision. The ruling permitted emergency injunctions to block a New York state order imposing capacity restrictions on houses of worship in zones showing surging cases of the COVID-19 virus.