|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20A151||9th Cir.||Not Argued||Apr 9, 2021||5-4||Per Curiam||OT 2020|
Holding: California is enjoined from enforcing COVID–19 restrictions on private gatherings as applied to applicants’ at-home religious exercise, pending disposition of the appeal in the U.S. Court of Appeals for the 9th Circuit and disposition of the petition for a writ of certiorari, if any.
Judgment: Application for injunctive relief granted in a per curiam opinion on April 9, 2021. Chief Justice Roberts would deny the application. Justice Kagan filed a dissenting opinion, joined by Justices Breyer and Sotomayor.
|Date||Proceedings and Orders |
|Apr 02 2021||Application (20A151) for injunctive relief, submitted to Justice Kagan.|
|Apr 02 2021||Response to application (20A151) requested by Justice Kagan, due Thursday, April 8 by 5 p.m. ET.|
|Apr 08 2021||Response to application from respondents Gavin Newsom, Governor of California, et al. filed.|
|Apr 08 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.|
|Apr 09 2021||Application (20A151) referred to the Court.|
|Apr 09 2021||Application (20A151) 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. 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. (Detached Opinion). THE CHIEF JUSTICE would deny the application. JUSTICE KAGAN, with whom JUSTICE BREYER and JUSTICE SOTOMAYOR join, dissenting. (Detached Opinion).|
|Apr 09 2021||Reply of applicants Ritesh Tandon, et al. filed.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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