The Volokh Conspiracy

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Ninth Circuit Denies Injunction in South Bay. Next Stop SCOTUS.

Will Santa Kagan deliver coal in South Bay's stockings?

|The Volokh Conspiracy |


Earlier today, briefing concluded in South Bay v. Newsom. A few hours ago, the panel denied relief. Now, the church has a chance a chance to seek emergency relief from the Supreme Court.

What happens next? Will Circuit Justice Kagan call for a response in six days, making it impossible for houses of worship to open on Christmas? Or will her colleague intervene, and issue an emergency injunction?

I remember fondly December 31, 2013. Justice Sotomayor was invited to drop the ball in Times Square. After the arriving in New York, she acted alone, and granted emergency relief to the Little Sisters of the Poor. That injunction blocked the enforcement of the contraception mandate.

What will Santa Kagan do on Christmas Day? Other than do what we always do on Christmas Day.

Merry Christmas everyone!

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.