Religious Liberty Watch: SCOTUS Affirms 6–3 “South Bay” vs. Ninth Circuit

Application (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).

Gateway City Church, et al., Applicants v. Gavin Newsom, Governor of California, et al. (February 26, 2021).

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  • R. Scott Clark
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    R.Scott Clark is the President of the Heidelberg Reformation Association, the author and editor of, and contributor to several books and the author of many articles. He has taught church history and historical theology since 1997 at Westminster Seminary California. He has also taught at Wheaton College, Reformed Theological Seminary, and Concordia University. He has hosted the Heidelblog since 2007.

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