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April 12, 2021 On Friday, for the fifth time the U.S. Supreme Court slapped down a Ninth Circuit Court of Appeals decision upholding anti-religious COVID restrictions established by California’s embattled Gov. Gavin Newsom. The court’s unsigned order in Tandon v. Newsom represents much more than a victory for the plaintiffs who sought to host Bible studies in their homes on equal footing with analogous commercial activities: It signifies the reemergence of religious liberty as a valued jurisprudential principle to the Supreme Court. In the Tandon case, Pastor Jeremy Wong and Karen Busch challenged restrictions the California Department of Public Health placed on Bible studies and prayer meetings held at worshipers’ homes as part of the Golden State’s so-called “Blueprint for a Safer Economy.” California’s “Blueprint” followed several earlier regulations based on authority purportedly provided to the Department of Public Health by Newsom’s proc ....
(AP Photo/Pablo Martinez Monsivais) There are several important facts to understand in connection with the Supreme Court Order handed down late on Friday in yet another case involving restrictions on religious freedom imposed by California’s COVID-19 protocols and restrictions. Before I get to the outcome, I want to highlight one passage from the order which I believe is a “marker” the majority is laying down for fights yet to come fights for which a majority of the Court seems to be prepared to engage. Applicants are likely to succeed on the merits of their free exercise claim; they are irreparably harmed by the loss of free exercise rights “for even minimal periods of time…” ....
Ninth Circuit Denies Emergency Motion Challenging California COVID-19 Gathering Restrictions 6 days ago On Tuesday, a divided appellate panel denied a request from individuals for an emergency injunction pending appeal seeking to prevent the enforcement of California’s COVID-19 restrictions on private gatherings and various limitations on businesses. The appellants challenged the constitutionality of those restrictions as applied to their in-home Bible studies, political activities, and business operations. The court concluded that the movants failed to meet the requirements for what it deemed an “extraordinary remedy.” As the filing explained, the appeal challenged the district court’s Feb. 5 decision denying the appellants’ motion for a preliminary injunction halting the effect of both California and Santa Clara County COVID-19 gatherings restrictions. Before the Ninth Circuit, only the state restrictions were contested. ....
Apache Stronghold forces U.S. government retreat APACHE STRONGHOLD MAKES U.S. GOVERNMENT RETREAT CAUSING 9th CIRCUIT DENIAL OF EMERGENCY INJUNCTION CASE STILL PROCEEDS ON EXPEDITED BASIS Apache Stronghold activists opposing copper mine gather outside the Arizona Chamber of Commerce in Feb. 2020. OAK FLAT, AZ This afternoon [March 5] the 9th Circuit Court of Appeals denied Apache Stronghold’s appeal of U.S. District Court Judge Steven Logan’s Feb. 12, 2021, ruling. The Appellate Court refused to grant Apache Stronghold’s request on a 2-1 vote because of the Forest Service’s last-minute March 1, 2021, withdrawal of the Final Environmental Impact Statement. Prior to this withdrawal, the giveaway of Oak Flat would have happened by March 11, 2021. The Appellate Court fell for this Forest Service ploy although Appellate Judge Bumatay observed, “The Supreme Court recently suggested we do not acquiesce to such tactics.” ....