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Gateway City Church v. Newsom

Application for injunctive relief granted, on February 26, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20a138 9th Cir. N/A N/A N/A N/A OT 2020

Issue: Whether the Supreme Court should suspend a regulation by Santa Clara County, California, that establishes a 0% capacity limit on indoor worship services during the coronavirus pandemic because the regulation violates the right to free exercise of religion under the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/17/2021Application (20A138) for injunctive relief, submitted to Justice Kagan.
02/18/2021Response to application (20A138) requested by Justice Kagan, due Wednesday, February 24, by 4 p.m. ET.
02/24/2021Response to application from respondents County of Santa Clara, et al. filed.
02/24/2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Roman Catholic Bishop of San Jose.
02/24/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Caroline M. Corbin, et al.
02/24/2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Calvary Chapel San Jose, et al.
02/25/2021Reply of applicants Gateway City Church, et al. filed.
02/25/2021Letter of respondents County of Santa Clara, et al. received.
02/26/2021Application (20A138) referred to the Court.
02/26/2021Application (20A138) granted by the Court. The application for injunctive relief presented to Justice Kagan and by her referred to the Court is granted 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 Ninth Circuit’s failure to grant relief was erroneous. This outcome is clearly dictated by this Court’s decision in South Bay United Pentecostal Church v. Newsom, 592 U. S. ___ (2021). 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 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). (Detached Opinion).