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“If it really is much more transmissible, just the quantity alone of people getting infected could outbalance the positive nature of it being less severe,” he added.

“Temporarily narrowing restrictions on the size of mass gatherings, including for religious services, does not outbalance the health and well-being of Nevada citizens,” they said in their most recent filings in the 9th Circuit.

“Temporarily narrowing restrictions on the size of mass gatherings, including for religious services, does not outbalance the health and well-being of Nevada citizens,” it said.

But “temporary, narrowing restrictions on the size of mass gatherings, including for religious services, do not outbalance the health and well-being of all Nevada citizens,” Newby said.

Happily outbalancing that were saltwater views, strawberry fields, shady tunnels of trees and wooden trestles over ponds and inlets.