"The basic point is you know why does the court rule on an issue that is moot unless -- and which they had just decided several months before in other cases which presented the same argument -- why rule on a case that is moot and come up with a different decision than you did several months ago on the same issue?

You have a different court and I think that was the statement that the court was making," he said.

"I would agree with those people who say it's a different court, and they wanted to make a statement that it's a different court.

That's the statement they're making, I understand that," he said.

The case is the latest pitting religious groups against city and state officials seeking to stop the spread of Covid-19, and it highlights the impact of Justice Amy Coney Barrett on the court.