No.__ In the Supreme Court of the United States RITESH TANDON; KAREN BUSCH; TERRY GANNON; CAROLYN GANNON; JEREMY WONG; JULIE EVARKIOU; DHRUV KHANNA; CONNIE RICHARDS; FRANCES BEAUDET; MAYA MANSOUR, APPLICANTS, v. GAVIN NEWSOM; ROB BONTA; TOMÁS J. ARAGÓN; JEFFREY V. SMITH; SARA H. CODY. RESPONDENTS. To the Honorable Elena Kagan Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit EMERGENCY APPLICATION FOR WRIT OF INJUNCTION OR IN THE ALTERNATIVE FOR CERTIORARI BEFORE JUDGMENT OR SUMMARY REVERSAL RELIEF REQUESTED BY SATURDAY, APRIL 3, 2021 ROBERT E. DUNN RYAN J. WALSH J.D. TRIPOLI Counsel of Record EIMER STAHL LLP AMY MILLER 99 S. Almaden Blvd. EIMER STAHL LLP Suite 642 10 East Doty Street San Jose, CA 95113 Suite 800 (408) 889-1690 Madison, WI 53703
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[email protected] [email protected] [email protected] JOHN K. ADAMS EMILY E. SULLIVAN Counsel for Applicants EIMER STAHL LLP 224 S. Michigan Ave. Suite 1100 Chicago, IL 60604 (312) 660-7600
[email protected] [email protected] QUESTION PRESENTED In ordinary times, Pastor Jeremy Wong and Karen Busch regularly held Bible studies, prayer meetings, and worship services at their homes—as had millions of other Christians in California who sincerely believe assembling for small-group, “house church” fellowship is just as indispensable to their faith as attending Mass is for a Catholic. Yet for over a year now, California has completely prohibited or substantially restricted those “gatherings” and many others. Indoor gatherings are completely prohibited in Tier 1 counties and limited to no more than three households in Tiers 2, 3, and 4, while outdoor gatherings are limited to no more than three households in all tiers.