The Volokh Conspiracy

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South Bay Returns to the Supreme Court

The church will have to deal with California's revised stay-at-home order.


Yesterday, I queried whether the Supreme Court was finished with emergency COVID-19 Free Exercise Clause litigation. Soon enough, we will see. The South Bay United Pentecostal Church has returned to the Supreme Court with an emergency application for  a writ of injunctive relief.  South Bay's biggest obstacle will be California's changed policy. Is the controversy moot? Or will the game of whack-a-mole continue? South Bay has filed a supplemental letter addressing the new policy. Circuit Justice Kagan has requested a response by Friday. Stay tuned.