IN RE: SOUTH BAY UNITED PENTECOSTAL CHURCH; Bishop Arthur Hodges III,
South Bay United Pentecostal Church, a California nonprofit corporation; Bishop Arthur Hodges III, an individual, Petitioners,
v.
United States District Court for the Southern District of California, San Diego, Respondent,
Gavin Newsom, in his official capacity as the Governor of California; Matt Rodriguez, in his official capacity as the Acting Attorney General of California; Tomas Aragon, in his official capacity as California Public Health Officer; Wilma J. Wooten, in her official capacity as Public Health Officer, County of San Diego; Helen Robbins-Meyer, in her official capacity as Director of Emergency Services; William D. Gore, in his official capacity as Sheriff of the County of San Diego, Real Parties in Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Todd Grabarsky , Lisa J. Plank , and Anna Ferrari , Deputy Attorneys General, Paul Stein , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Matthew Rodriquez , Acting Attorney General; Office of the Attorney General of California, Los Angeles, California; for Real Parties in Interest Governor Gavin Newsom, Acting Attorney General, Matthew Rodriquez, and Public Health Officer, Dr. Tomás Aragón.
Timothy M. White and Jeffrey P. Michalowski , Senior Deputies, Office of County Counsel, San Diego, California; for Real Parties in Interest Dr. Wilma J. Wooten, Helen Robbins-Meyer, and William D. Gore.
Richard B. Katskee , Alex J. Luchenitser , and Adrianne M. Spoto , Americans United for Separation of Church and State, Washington, D.C., for Amici Curiae Americans United for Separation of Church and State; Central Conference of American Rabbis; Covenant Network of Presbyterians; Disciples Center for Public Witness; Disciples Justice Action Network; Equal Partners in Faith; Interfaith Alliance Foundation; Men of Reform Judaism; Methodist Federation for Social Action; National Council of the Churches of Christ in the USA; Reconstructionist Rabbinical Association; Southwest Conference of the United Church of Christ; Union for Reform Judaism; and Women of Reform Judaism.
Before: Kim McLane Wardlaw and Richard R. Clifton, Circuit Judges, and Timothy Hillman, District Judge.
United States Court of Appeals, Ninth Circuit.
ORDER
On March 30, 2021, South Bay United Pentecostal Church and Bishop Arthur Hodges III (collectively, "South Bay") filed an Urgent Petition for Writ of Mandamus under Circuit Rule 27-3(b) (ECF No. 1). That same day, we ordered an answer from the State of California (the "State") (ECF No. 2). For the following reasons, we deny the petition without prejudice.
On February 5, 2021, the Supreme Court issued South Bay United Pentecostal Church, et al. v...
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