Thursday, December 10, 2020

Five For Freedom UPDATE: Did I Say Five? I Meant Two

Equal Justice Under Law--UPDATE: Found at the bottom of the order dismissing the Texas lawsuit:

"CERTIORARI GRANTED 20-222 GOLDMAN SACHS GROUP, ET AL. V. AR TEACHER RETIREMENT, ET AL. The petition for a writ of certiorari is granted."

Some unalienable Rights are more equal than others.

Prof. Jacobson: "A similar case [to Coumo v. God] out of California also sought an injunction from the Supreme Court, after being denied relief by lower courts. You can read the Emergency Application here (emphasis in original):

Pursuant to Sup. Ct. Rules 20, 22 and 23 and 28 U.S.C. §1651, Applicants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. (collectively “Churches”), herby move for an emergency writ of injunction before Sunday, November 29, 2020 against Governor Newsom’s Emergency Proclamation and subsequently issued stay-at-home orders, including the currently operative “Blueprint for a Safer Economy” (the “Blueprint”), which establishes a statewide framework of four Tiers with sector-specific restrictions in each tier and imposes an unconstitutionally discriminatory regime that relegates Churches’ fundamental right to religious exercise to constitutional orphan status….

For over nine months, the Governor has continued to discriminate against Churches’ religious worship services while permitting myriad nonreligious entities to continue to gather without numerical restrictions inside the same house of worship and in other external comparable congregate assemblies; publicly encouraging and supporting mass protestors, rioters, and looters to gather without numerical restriction in blatant disregard for his own Orders; and has purported to prohibit religious worship services – even in the private homes of Californians – despite the fundamental protections enshrined in the First Amendment.

The Supreme Court issued an Order today vacating a lower court denial of injunctive relief and sending the case back down for reconsideration in light of the Catholic Dicese ruling:

20A94 HARVEST ROCK CHURCH, ET AL. V. NEWSOM, GOV. OF CA

The application for injunctive relief, presented to Justice Kagan and by her referred to the Court, is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The September 2 order of the United States District Court for the Central District of California is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to remand to the District Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020).

There were no dissents from the Order, reflecting that the fight has been won by the 5-4 majority in the Diocese of Brooklyn case.".......


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