South Bay United Pentecostal Church v. Newsom
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Tandon v. Newsom, on April 26, 2021
Issue: (1) Whether California Governor Gavin Newsom"s lockdown orders and reopening restrictions under the "Blueprint" framework, placing strict limitations, including closures, on all places of worship in California, violates South Bay"s First Amendment right to free exercise of religion; and (2) whether strict scrutiny is the proper standard of review for challenges to state and county restrictions upon free-exercise-of-religion rights during a pandemic, or whether Jacobson v. Massachusetts imposes extra limitations to the Supreme Court"s established line of free-exercise jurisprudence during a pandemic.
SCOTUSblog Coverage
- Petitions of the week: Re-opening church doors and opening evidentiary doors (Andrew Hamm, December 11, 2020)
| Date | Proceedings and Orders |
|---|---|
| 11/24/2020 | Petition for a writ of certiorari before judgment filed. (Response due December 30, 2020) |
| 12/24/2020 | Waiver of right of respondents Gavin Newsom, et al. to respond filed. |
| 12/30/2020 | Waiver of right of respondents William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten to respond filed. |
| 01/06/2021 | DISTRIBUTED for Conference of 1/22/2021. |
| 01/14/2021 | Response Requested. (Due February 16, 2021) |
| 01/19/2021 | Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk. |
| 01/20/2021 | Response to motion from petitioner South Bay United Pentecostal Church, et al. filed. |
| 01/22/2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2021. |
| 01/25/2021 | Application (20A136) for injunctive relief, submitted to Justice Kagan. |
| 01/26/2021 | Response to application (20A136) requested by Justice Kagan, due Friday, January 29, by 5 p.m. ET. |
| 01/26/2021 | Letter Re: Notice of Ninth Circuit Court of Appeal Ruling of South Bay United Pentecostal Church, et al. not accepted for filing. (March 25, 2021) |
| 01/27/2021 | 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. |
| 01/29/2021 | Response to application from respondents Gavin Newsom, Governor of California, et al. filed. |
| 01/29/2021 | Response to application from respondents Wilma J. Wooten, et al. filed. |
| 01/29/2021 | 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. |
| 01/30/2021 | Letter of applicants South Bay United Pentecostal Church, et al. filed. |
| 01/30/2021 | Reply of applicants South Bay United Pentecostal Church, et al. filed. |
| 02/05/2021 | Application (20A136) referred to the Court. |
| 02/05/2021 | The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is granted in part. Respondents are enjoined from enforcing the Blueprint’s Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari. The application is denied with respect to the percentage capacity limitations, and respondents are not en-joined 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. 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 Detached Opinion). CHIEF JUSTICE ROBERTS, concurring in the partial grant of application for injunctive relief. (Detached Opinion). JUSTICE BARRETT, with whom JUSTICE KAVANAUGH joins, concurring in the partial grant of application for injunctive relief. (Detached Opinion). Statement of JUSTICE GORSUCH, with whom JUSTICE THOMAS and JUSTICE ALITO join. (Detached Opinion). JUSTICE KAGAN, with whom |
| 03/18/2021 | Brief of respondents Gavin Newsom, et al. in opposition filed. |
| 03/18/2021 | Brief of respondents San Diego County Defendants' in opposition filed. |
| 04/06/2021 | Reply of petitioners South Bay United Pentecostal Church, et al. filed. (Distributed) |
| 04/07/2021 | DISTRIBUTED for Conference of 4/23/2021. |
| 04/12/2021 | Letter of April 12, 2021 from counsel for respondents filed. |
| 04/15/2021 | Letter of April 15, 2021 from petitioner South Bay United Pentecostal Church filed. |
| 04/26/2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tandon v. Newsom, 593 U. S. ___ (2021) (per curiam). |
| 05/28/2021 | JUDGMENT ISSUED. |