Is SCOTUS Done with Emergency COVID-19 Free Exercise Litigation?
The past 96 hours have been very busy for COVID-19 Free Exercise Clause litigation.
On Friday, January 22, a Ninth Circuit panel upheld California’s “Regional Stay at Home Order and Tier 1 of the Blueprint.” This measure prohibited all indoor worship, but permitted outdoor worship. (I wrote about those directives here, here, here, here, and here). The South Bay United Pentecostal Church no doubt began to prepare another emergency application to the Supreme Court.
At 9:30 a.m. on Monday, January 25, the Supreme Court denied Calvary Chapel’s petition for certiorari before judgment. The Court did not see fit to review this case from Nevada a second time. I think the majority said what they wanted to say in Diocese of Brooklyn.
Shortly thereafter, another Ninth Circuit panel denied Harvest Rock’s application for an injunction pending appeal. This panel found itself bound by the three-day old
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