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FOOTHILL CHURCH v. WATANABE

No. 19-15658.

3 F.4th 1201 (2021)

FOOTHILL CHURCH, a California Non-Profit Corporation; Calvary Chapel Chino Hills, a California Non-Profit Corporation; Shepherd of the Hills Church, a California Non-Profit Corporation, Plaintiffs-Appellants, v. Mary WATANABE, in her official capacity as Director of the California Department of Managed Health Care, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 24, 2020.

Resubmitted July 19, 2021 San Francisco, California.

Filed July 19, 2021.

Attorney(s) appearing for the Case

Jeremiah J. Galus (argued), Kristen K. Waggoner , and Kevin Theriot , Alliance Defending Freedom, Scottsdale, Arizona; John J. Bursch and David A. Cortman , Alliance Defending Freedom, Washington, D.C.; Alexander M. Medina , Medina McKelvey LLP, Roseville, California; for Plaintiffs-Appellants.

Karli A. Eisenberg (argued), Joshua N. Sondheimer , and Hadara R. Stanton , Deputy Attorneys General; Gregory D. Brown , Supervising Deputy Attorney General; Cheryl L. Feiner , Senior Assistant Attorney General; Office of the Attorney General, Sacramento, California; for Defendant-Appellee.

Dissent by Judge Bress.

ORDER

We VACATE the district court's rulings on the Free Exercise and Equal Protection claims and REMAND for further consideration in light of Fulton v. City of Philadelphia, ___ U.S. ___, 141 S.Ct. 1868, ___ L.Ed.2d ___ (2021).

We address Appellant's Establishment Clause claim in a concurrently filed memorandum.

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