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Docket for 20A90

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)

Proceedings and Orders

Nov 16 2020

Application (20A90) for injunctive relief, submitted to Justice Breyer.
Main Document Other Other Proof of Service

Nov 16 2020

Response to application (20A90) requested by Justice Breyer, due Friday, November 20, by 2 p.m.

Nov 17 2020

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 Proof of Service Other

Nov 17 2020

Motion for leave to file amici brief filed by Muslim Public Affairs Council, et al.
Main Document Proof of Service Other

Nov 17 2020

Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Center for Constitutional Jurisprudence.
Main Document Other Proof of Service

Nov 19 2020

Motion for leave to file amicus brief filed by American Medical Association, et al.
Main Document Proof of Service Other

Nov 20 2020

Response to application from respondent Andrew M. Cuomo, Governor of New York filed.
Main Document Main Document Proof of Service

Nov 20 2020

Motion 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 Document Other Proof of Service

Nov 20 2020

Motion for leave to file amici brief filed by Roman Catholic Archdiocese of Saint Paul and Minneapolis, et al.
Main Document Proof of Service

Nov 20 2020

Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Ethics and Religious Liberty Commission.
Main Document Proof of Service Other

Nov 22 2020

Reply of applicants Agudath Israel, et al. filed.
Reply Proof of Service

Nov 25 2020

Application (20A90) referred to the Court.

Nov 25 2020

The 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).

Attorneys

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
Ph: 2127046126
Party name: AGUDATH ISRAEL OF AMERICA, et al.

Attorneys for Respondents

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
Ph: 212-416-8016
Party name: ANDREW M. CUOMO, in his official capacity as Governor of New York

Other Attorneys

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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: (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
Ph: 972-941-4444
Party name: First Liberty Institute