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Docket for 20A137
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No. 20A137
 
Title: Harvest Rock Church, Inc., et al., Applicants
v.
Gavin Newsom, Governor of California
Docketed: January 26, 2021
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (20-56357)
 
Proceedings and Orders
Jan 26 2021 Application (20A137) for injunctive relief, submitted to Justice Kagan.
Main Document Other Proof of Service Other
Jan 26 2021 Response to application (20A137) requested by Justice Kagan, due Friday, January 29, by 5 p.m. ET.
Jan 28 2021 Motion 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 Document Other Proof of Service
Jan 29 2021 Response to application from respondent Gavin Newsom, Governor of California filed.
Main Document Proof of Service
Jan 29 2021 Reply of applicants Harvest Rock Church, Inc., et al. filed.
Reply Proof of Service
Jan 29 2021 Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Main Document Proof of Service Other Proof of Service
Feb 05 2021 Application (20A137) referred to the Court.
Feb 05 2021 The application for injunctive relief presented to Justice Kagan and by her referred to the Court is granted in part. Respondent is enjoined from enforcing the Blueprint’s Tier 1 prohibition on indoor worship services against the applicants pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. The application is denied with respect to the percentage capacity limitations, and the respondent is not enjoined from imposing a 25% capacity limitation on indoor worship services in Tier 1. The application is denied with respect to the prohibition on singing and chanting during indoor services. This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner. 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. Justice Thomas and Justice Gorsuch would grant the application in full. See South Bay United Pentecostal Church v. Newsom, 592 U. S. ___ (2021) (statement of Gorsuch, J.). Justice Alito would grant the application with respect to all of the capacity restrictions on indoor worship services and the prohibition against indoor singing and chanting, and would stay for 30 days an injunction against the percentage attendance caps and the prohibition against indoor singing and chanting. (See full order). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting: I dissent for the reasons set out in South Bay United Pentecostal Church v. Newsom, 592 U. S. ___ (2021) (Kagan, J., dissenting).
Attorneys
Attorneys for Petitioners
Mathew D. Staver
Counsel of Record
PO Box 540774
Orlando, FL 32854
court@lc.org
Ph: 407-875-1776
Party name: Harvest Rock Church, Inc.


Attorneys for Respondents
Helen H. Hong
Counsel of Record
California Department of Justice, Office of Solicitor General
600 West Broadway Street, Suite 1805
San Diego, CA 92101
helen.hong@doj.ca.gov
Ph: 6197389693
Party name: Governor Gavin Newsom


Other Attorneys
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
Ph: 202-466-7306
Party name: Americans United for Separation of Church and State; ADL (Anti-Defamation League); 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


Eric Christopher Rassbach
Counsel of Record
The Becket Fund for Religious Liberty
1919 Pennsylvania Avenue, NW
Suite 400
Washington, DC 20006
erassbach@becketlaw.org
Ph: 2029550095
Party name: The Becket Fund for Religious Liberty

 

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