Supreme Court of the United States · Official docket →
Harvest Rock Church, Inc., et al., Applicants v. Gavin Newsom, Governor of California
Application · United States Court of Appeals for the Ninth Circuit, No. 20-56357
Application granted in part · February 5, 2021
Counsel of record
For petitioner
Mathew D. Staver
For respondent
Helen H. Hong
California Department of Justice, Office of Solicitor General
Case
Conference history
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Proceedings
- Feb 05 2021Application (20A137) referred to the Court.
- Feb 05 2021The 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).
- Jan 29 2021Response to application from respondent Gavin Newsom, Governor of California filed.
- Jan 29 2021Reply of applicants Harvest Rock Church, Inc., et al. filed.
- Jan 29 2021Motion 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.
- Jan 28 2021Motion 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.
- Jan 26 2021Application (20A137) for injunctive relief, submitted to Justice Kagan.
- Jan 26 2021Response to application (20A137) requested by Justice Kagan, due Friday, January 29, by 5 p.m. ET.