No. 20A90
Title:Agudath Israel of America, et al., Applicants
v.
Andrew M. Cuomo, Governor of New York
Docketed:November 16, 2020
Lower Ct:United States Court of Appeals for the Second Circuit
   Case Numbers:(20-3572)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Nov 16 2020Application (20A90) for injunctive relief, submitted to Justice Breyer.
Main DocumentOtherOtherProof of Service
Nov 16 2020Response to application (20A90) requested by Justice Breyer, due Friday, November 20, by 2 p.m.
Nov 17 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Americans United for Separation of Church and State, et al.
Main DocumentProof of ServiceOther
Nov 17 2020Motion for leave to file amici brief filed by Muslim Public Affairs Council, et al.
Main DocumentProof of ServiceOther
Nov 17 2020Motion to File Amicus Brief of Center for Constitutional Jurisprudence submitted.
Main DocumentOtherProof of Service
Nov 19 2020Motion for leave to file amicus brief filed by American Medical Association, et al.
Main DocumentProof of ServiceOther
Nov 20 2020Response to application from respondent Andrew M. Cuomo, Governor of New York filed.
Main DocumentMain DocumentProof of Service
Nov 20 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by First Liberty Institute.
Main DocumentOtherProof of Service
Nov 20 2020Motion to File amicus brief for the Ethics and Religious Liberty Commission of Ethics and Religious Liberty Commission submitted.
Main DocumentProof of ServiceOther
Nov 20 2020For leave to file of Roman Catholic Archdiocese of Saint Paul and Minneapolis, the Roman Catholic Diocese of Madison, Samuel A. Fryer Yavneh Academy, Montebello Christian School, and Saint Joseph Academy submitted.
Main DocumentProof of Service
Nov 22 2020Reply of applicants Agudath Israel, et al. filed.
ReplyProof of Service
Nov 25 2020Application (20A90) referred to the Court.
Nov 25 2020The application for injunctive relief presented to Justice Breyer and by him referred to the Court is granted in part. Respondent is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on applicants, including Agudath Israel of America’s current New York-based affiliates, pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Chief Justice Roberts, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Roberts, C. J., dissenting). Justice Breyer, with whom Justice Sotomayor and Justice Kagan join, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Breyer, J., dissenting). Justice Sotomayor, with whom Justice Kagan joins, dissenting: I dissent for the reasons set out in Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020) (Sotomayor, J., dissenting).

NAMEADDRESSPHONE
Attorneys for Petitioners
Avi David Schick
    Counsel of Record
Troutman Pepper Hamilton Sanders LLP
875 Third Avenue
New York, NY 10022

avi.schick@troutman.com
2127046126
Party name: AGUDATH ISRAEL OF AMERICA, et al.
Attorneys for Respondent
Barbara Dale Underwood
    Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

Barbara.underwood@ag.ny.gov
212-416-8016
Party name: ANDREW M. CUOMO, in his official capacity as Governor of New York
Other
Stephanie Hall Barclay
    Counsel of Record
The Religious Liberty Initiative, Notre Dame Law School
3120 Eck Hall of Law
Notre Dame, IN 46556

sbarcla2@nd.edu
801-361-0401
Party name: Muslim Public Affairs Council, Religious Freedom Institute's Islam and Religious Freedom Action Team, and Asma Uddin
Alexander J. Luchenitser
    Counsel of Record
Americans United for Separation of Church and State
1310 L St. NW
Suite 200
Washington, DC 20005

luchenitser@au.org
202-466-7306
Party name: Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Central Conference of American Rabbis; Covenant Network of Presbyterians; Disciples Center for Public Witness; Disciples Justice Action Network; Equal Partners in Faith; General Synod of the United Church of Christ; Interfaith Alliance Foundation; Methodist Federation for Social Action; National Council of the Churches of Christ in the USA; Reconstructionist Rabbinical Association; Union for Reform Judaism
Anthony Thomas Caso
    Counsel of Record
Center for Constitutional Jurisprudence
One University Drive
Orange, CA 92866

caso@chapman.edu
877-855-3330
Party name: Center for Constitutional Jurisprudence
Henry Clay Quillen
    Counsel of Record
Whatley Kallas LLP
152 West 57th Street
41st Floor
New York, NY 10019

hquillen@whatleykallas.com
2124477060
Party name: American Medical Association; Medical Society of the State of New York
Miles Edward Coleman
    Counsel of Record
Nelson Mullins Riley & Scarborough, LLP
2 West Washington Street
Suite 400
Greenville, SC 29601

miles.coleman@nelsonmullins.com
864.373.2352
Party name: Ethics and Religious Liberty Commission
Gordon Dwyer Todd
    Counsel of Record
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

gtodd@sidley.com
(202) 736-8760
Party name: Roman Catholic Archdiocese of Saint Paul and Minneapolis, the Roman Catholic Diocese of Madison, Samuel A. Fryer Yavneh Academy, Montebello Christian School, and Saint Joseph Academy
Kelly J. Shackelford
    Counsel of Record
First Liberty Institute
2001 W Plano Pkwy
Suite 1600
Plano, TX 75075

kshackelford@firstliberty.org
972-941-4444
Party name: First Liberty Institute