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HARVEST ROCK CHURCH, INC. v. NEWSOM

No. 20-55907.

977 F.3d 728 (2020)

HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California; Harvest International Ministry, Inc., itself and on behalf of its member churches in California, Plaintiffs-Appellants, v. Gavin NEWSOM, in his official capacity as Governor of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2020.

Attorney(s) appearing for the Case

Mathew D. Stayer , Horatio G. Mihet , Roger K. Gannam , and Daniel J. Schmid , Liberty Counsel, Orlando, Florida; Nicolai Cods , Law Office of Nicolai Cocis, Murrieta, California; for Plaintiffs-Appellants.

Xavier Becerra , Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Benjamin M. Glickman , Supervising Deputy Attorney General; Todd Grabarsky and Seth E. Goldstein , Deputy Attorneys General; Office of the Attorney General, Sacramento, California; for DefendantAppellee.

Alex J. Luchenitser , Richard B. Katskee , and Sarah R. Goetz , Americans United for Separation of Church and State, Washington, D.C., for Amici Curiae Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Covenant Network of Presbyterians; Interfaith Alliance Foundation; Methodist Federation for Social Action; National Council of Churches of Christ in the USA; Reconstructionist Rabbinical Association; Rev. Dr. Marc Ian Stewart, Conference Minister, Montana-Northern Wyoming Conference, United Church of Christ; and Southwest Conference of the United Church of Christ.

Order; Dissent by Judge O'Scannlain.

ORDER

Harvest Rock Church, Inc., and Harvest International Ministry, Inc., (Harvest Rock) challenge the constitutionality of California Governor Gavin Newsom's COVID-19 Executive Orders and related restrictions (Orders) as they apply to in-person worship services. The district court denied Harvest Rock's request for a preliminary injunction barring enforcement of the Orders as to its in-person worship services. Harvest Rock appealed and has filed an emergency motion...

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