Harvest Rock Church, Inc., et al v. Gavin Newsom
| GAVIN NEWSOM, in his official capacity as Governor of the State of California |
| HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California and HARVEST INTERNATIONAL MINISTRY, INC., itself and on behalf of its member churches in California |
| THE BECKET FUND FOR RELIGIOUS LIBERTY |
| 20-56357 |
| December 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 HARVEST ROCK CHURCH, INC. V. GAVIN NEWSOM
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HARVEST ROCK CHURCH, INC. V. GAVIN NEWSOM
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Docket Report
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| Document Text |
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| Filing 50 Filed clerk order (Deputy Clerk: KS): Appellees unopposed motion (Docket Entry No. [ # 49 ]) for an extension of time to file the answering brief is granted. The answering brief is due February 26, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12001197] (JPD) [Entered: 02/11/2021 03:51 PM] |
| Filing 49 Filed (ECF) Appellee Gavin Newsom Unopposed Motion to extend time to file Answering brief until 02/26/2021. Date of service: 02/09/2021. [11998600] [20-56357] (Grabarsky, Todd) [Entered: 02/09/2021 07:19 PM] |
| Filing 48 Received Order from the Supreme Court dated 02/05/2021: : The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is granted in part. (SEE ORDER FOR FULL TEXT). [11995172] (BY) [Entered: 02/05/2021 10:05 PM] |
| Filing 46 Received 3 paper copies of excerpts of record [ # 41 ] in 3 volume(s) and index volume filed by Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. (sent to panel) [11983362] (LA) [Entered: 01/27/2021 01:40 PM] |
| Filing 45 Received 6 paper copies of Opening Brief [ # 40 ] filed by Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. (sent to panel) [11983063] (SD) [Entered: 01/27/2021 11:17 AM] |
Filing 44
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Concurrence by Judge O'Scannlain; Concurrence by Judge Christen) In light of our courts recent opinion in South Bay United Pentecostal Church v. Newsom, No. 20-56358 (9th Cir. Jan. 22, 2021), Appellants emergency motion for an injunction pending appeal is GRANTED in part and DENIED in part, without prejudice to renewing the request before the merits panel in this case. The State of California is enjoined from enforcing the following policies against Harvest Rock Church or its member churches pending resolution of the appeal in this case: (1) the fixed 100-person attendance limit on indoor places of worship under Tier 2 of the States Blueprint for a Safer Economy; and (2) the fixed 200-person attendance limit on indoor places of worship under Tier 3 of the Blueprint. This injunction does not prevent the State from enforcing the following policies against Harvest Rock or its member churches pending resolution of the appeal in this case: (1) the total prohibitions against indoor worship under Tier 1 of the Blueprint and the December 3 Regional Stay at Home Order; (2) the limitations on attendance at indoor worship services under Tiers 2, 3, and 4 of the Blueprint that are tied to a percentage of a facilitys fire-code capacity; and (3) the States restrictions on singing and chanting at indoor worship services. IT IS SO ORDERED. [11979399]--[Edited (typo corrected) 01/26/2021 by AKM]--[Edited (attached reformatted slip op of order) 01/28/2021 by AKM] (AKM) [Entered: 01/25/2021 09:25 AM]
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| Filing 43 Filed (ECF) Appellee Gavin Newsom citation of supplemental authorities. Date of service: 01/22/2021. [11979015] [20-56357] (Grabarsky, Todd) [Entered: 01/22/2021 07:41 PM] |
| Filing 42 Filed clerk order: The opening brief [ # 40 ] submitted by Harvest International Ministry, Inc. and Harvest Rock Church, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 41 ] submitted by Harvest International Ministry, Inc. and Harvest Rock Church, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11974936] (KT) [Entered: 01/21/2021 12:49 PM] |
| Filing 41 Submitted (ECF) excerpts of record. Submitted by Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc.. Date of service: 01/19/2021. [11968895] [20-56357]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 01/21/2021 by KT] (Schmid, Daniel) [Entered: 01/19/2021 07:03 PM] |
| Filing 40 Submitted (ECF) Opening Brief for review. Submitted by Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc.. Date of service: 01/19/2021. [11968891] [20-56357]--[COURT UPDATE: attached corrected PDF of opening brief. 01/21/2021 by KT] (Schmid, Daniel) [Entered: 01/19/2021 06:57 PM] |
| Filing 39 Received 6 paper copies of Supplemental Brief [ # 32 ] filed by Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. (sent to panel) [11964238] (SD) [Entered: 01/14/2021 02:41 PM] |
| Filing 38 Received 6 paper copies of Amicus Brief [ # 29 ] filed by The Becket Fund for Religious Liberty. (sent to panel) [11964215] (SD) [Entered: 01/14/2021 02:36 PM] |
| Filing 37 Received 6 paper copies of Supplemental Brief [ # 30 ] filed by Gavin Newsom. (sent to panel) [11961966] (SD) [Entered: 01/13/2021 10:26 AM] |
| Filing 36 Filed clerk order: The amicus brief [ # 29 ] submitted by The Becket Fund for Religious Liberty is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11959880] (SML) [Entered: 01/11/2021 06:34 PM] |
| Filing 35 Entered appearance of Amicus Curiae The Becket Fund for Religious Liberty. [11959879] (SML) [Entered: 01/11/2021 06:33 PM] |
| Filing 34 Filed clerk order: The supplemental brief [ # 30 ] submitted by Gavin Newsom is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11959877] (SML) [Entered: 01/11/2021 06:30 PM] |
| Filing 33 Filed clerk order: The supplemental brief [ # 32 ] submitted by Harvest International Ministry, Inc. and Harvest Rock Church, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11959876] (SML) [Entered: 01/11/2021 06:23 PM] |
| Filing 31 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. Motion for miscellaneous relief [Leave to File Reply to Second Supplement to Emergency Motion for Injunction Pending Appeal]. Date of service: 01/11/2021. [11958858] [20-56357] (Schmid, Daniel) [Entered: 01/11/2021 11:56 AM] |
| Filing 30 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Gavin Newsom. Date of service: 01/11/2021. [11958197] [20-56357] (Goldstein, Seth) [Entered: 01/11/2021 08:02 AM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Becket Fund for Religious Liberty. Date of service: 01/11/2021. [11958142] [20-56357] (Rassbach, Eric) [Entered: 01/11/2021 05:55 AM] |
| Filing 32 Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. Date of service: 01/07/2021. [11959867]--[COURT ENTERED FILING to replace [28].] (SML) [Entered: 01/11/2021 06:02 PM] |
| Filing 28 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. response to Court order dated 01/07/2021. Date of service: 01/07/2021. [11956322] [20-56357] (Schmid, Daniel) [Entered: 01/07/2021 04:50 PM] |
| Filing 27 Received 6 paper copies of Supplemental Brief [ # 16 ] filed by Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. (sent to panel) [11954501] (SD) [Entered: 01/06/2021 01:55 PM] |
| Filing 26 Received 6 paper copies of Supplemental Brief [ # 17 ] filed by Gavin Newsom. (sent to panel) [11953052] (SD) [Entered: 01/05/2021 01:48 PM] |
| Filing 25 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) The parties are ordered to file supplemental briefs addressing Harvest Rock Churchs contention that Californias December 3, 2020, Regional Stay at Home Order violates the Free Exercise Clause for the same reasons Harvest Rock has articulated with respect to the States Blueprint for a Safer Economy. In particular, the parties shall address any material differences between the restrictions imposed under the Regional Stay at Home Order and those imposed on Tier 1 counties under the Blueprint. The parties shall address how any such distinctions affect the analysis of Harvest Rock Churchs Free Exercise claims. The parties briefs shall be no longer than fifteen pages. Harvest Rock Churchs brief shall be submitted no later than 5:00 p.m. Pacific Time on January 7, 2021. The States brief shall be submitted no later than 9:00 a.m. Pacific Time on January 11, 2021. IT IS SO ORDERED. [11952617] (WL) [Entered: 01/05/2021 11:13 AM] |
| Filing 47 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11992637] (BJK) [Entered: 02/04/2021 10:57 AM] |
| Filing 24 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. citation of supplemental authorities. Date of service: 01/04/2021. [11950754] [20-56357] (Schmid, Daniel) [Entered: 01/04/2021 10:57 AM] |
| Filing 23 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mathew D. Staver for Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. Hearing in San Francisco on 01/04/2021 at 2:00 P.M. (Courtroom: CR1/Virtual). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/04/2021. [11950225] [20-56357] (Staver, Mathew) [Entered: 01/04/2021 06:14 AM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Todd Grabarsky for Appellee Gavin Newsom. Hearing in San Francisco on 01/04/2021 at 2:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/03/2021. [11950164] [20-56357] (Grabarsky, Todd) [Entered: 01/03/2021 03:16 PM] |
| Filing 21 Notice of Virtual Oral Argument (re Emergency Motion for Injunction pending appeal) on Monday, January 4, 2021 - 2:00 P.M. Pacific - Scheduled Location: Courtroom 1 - San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, January 4, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11950073] (AW) [Entered: 01/01/2021 02:01 PM] |
| Filing 20 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) The court will hold virtual oral argument on the emergency motion for injunction pending appeal at 2:00 p.m. Pacific Time on Monday, January 4, 2021. Each side is allotted 20 minutes for argument. [11950038] (SVG) [Entered: 12/31/2020 08:08 PM] |
| Filing 19 Filed clerk order: The supplemental brief [ # 17 ] submitted by Gavin Newsom is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11949659] (KT) [Entered: 12/31/2020 11:06 AM] |
| Filing 18 Filed clerk order: The supplemental brief [ # 16 ] submitted by Harvest International Ministry, Inc. and Harvest Rock Church, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11949658] (KT) [Entered: 12/31/2020 11:05 AM] |
| Filing 17 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Gavin Newsom. Date of service: 12/31/2020. [11949651]--[COURT ENTERED FILING to correct entry [15].] (KT) [Entered: 12/31/2020 11:00 AM] |
| Filing 16 Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc.. Date of service: 12/31/2020. [11949380] [20-56357] (Schmid, Daniel) [Entered: 12/31/2020 08:36 AM] |
| Filing 15 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 17 ]. Original Text: Filed (ECF) Appellee Gavin Newsom response to Court order dated 12/31/2020. Date of service: 12/31/2020. [11949366] [20-56357] (Grabarsky, Todd) [Entered: 12/31/2020 08:26 AM] |
| Filing 14 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. response to motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing) motion to file supplemental brief). Date of service: 12/29/2020. [11948146] [20-56357] (Schmid, Daniel) [Entered: 12/29/2020 09:54 PM] |
| Filing 13 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN): The parties are ordered to file supplemental briefs addressing the impact on this case, if any, of the Los Angeles County Department of Public Healths order of December 19, 2020, which, by its terms, permits places of worship to offer faith-based services, or otherwise allow access for faith-based practices, indoors and outdoors, provided that certain precautions are followed. See Cty. of Los Angeles Dept of Pub. Health, Protocol for Places of Worship: Appendix F (Dec. 19, 2020). In particular, the parties shall address: (1) the number of Harvest Rocks member churches that operate within Los Angeles County and the number of its member churches that operate in other counties which do not enjoy the provisions of the L.A. County order; (2) the impact the L.A. County order has on the States constitutional tailoring arguments, including how it affects the States contention that its interest in reducing the spread of COVID-19 requires the closure of indoor religious worship services in all Tier 1 counties statewide; and (3) what effect the December 3, 2020 Regional Stay at Home Order has, if any, on the L.A. County order. In addition, the parties supplemental briefs shall address: (4) whether Harvest Rock challenges the December 3, 2020 Regional Stay at Home Order in addition to the Blueprint; and (5) whether Harvest Rock challenges the California Department of Healths restrictions on singing and chanting. The supplemental briefs shall be no longer than fifteen pages and shall be submitted no later than 9:00 a.m. Pacific Time on December 31, 2020. IT IS SO ORDERED. [11948145] (AF) [Entered: 12/29/2020 09:25 PM] |
| Filing 12 Filed (ECF) Appellee Gavin Newsom response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 12/29/2020. [11948078] [20-56357] (Grabarsky, Todd) [Entered: 12/29/2020 05:09 PM] |
| Filing 11 Filed (ECF) Appellee Gavin Newsom Motion to file supplemental brief. Date of service: 12/29/2020. [11948074] [20-56357] (Grabarsky, Todd) [Entered: 12/29/2020 05:06 PM] |
| Filing 10 Filed (ECF) Appellee Gavin Newsom Motion to file supplemental brief. Date of service: 12/29/2020. [11947896] [20-56357] (Grabarsky, Todd) [Entered: 12/29/2020 03:47 PM] |
| Filing 9 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. Unopposed Motion for miscellaneous relief [Leave to Exceed the Word Limits Instanter]. Date of service: 12/29/2020. [11946972] [20-56357] (Schmid, Daniel) [Entered: 12/29/2020 08:46 AM] |
| Filing 8 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. reply to response (). Date of service: 12/29/2020. [11946965] [20-56357] (Schmid, Daniel) [Entered: 12/29/2020 08:44 AM] |
| Filing 7 Filed (ECF) Appellee Gavin Newsom response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 12/28/2020. [11945395] [20-56357] (Grabarsky, Todd) [Entered: 12/28/2020 07:15 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 12/24/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11945219]. [20-56357] (AD) [Entered: 12/24/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. Mediation Questionnaire. Date of service: 12/24/2020. [11944997] [20-56357] (Schmid, Daniel) [Entered: 12/24/2020 12:46 PM] |
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Filing 4
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Partial Concurrence and Partial Dissent by Judge OSCANNLAIN) The court has received appellants emergency motion for injunction pending appeal. The response to the motion is due at 9:00 a.m. Pacific Time on December 28, 2020. The optional reply in support of the motion is due at 9:00 a.m. Pacific Time on December 29, 2020. [11944660]--[COURT UPDATE: Attached formatted version of order. 12/30/2020 by SLM] (MM) [Entered: 12/23/2020 09:39 PM]
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| Filing 3 Filed (ECF) Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. EMERGENCY Motion for injunction pending appeal. Date of service: 12/22/2020. [11937643] [20-56357] (Schmid, Daniel) [Entered: 12/22/2020 06:27 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: AC): The appeal filed December 21, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 19, 2021; the answering brief is due February 16, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11936419] (OC) [Entered: 12/22/2020 09:58 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11936246] (RT) [Entered: 12/22/2020 08:48 AM] |
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| Defendant / appellee: GAVIN NEWSOM, in his official capacity as Governor of the State of California | |
| Represented By: | Todd Grabarsky |
| Represented By: | Seth Goldstein |
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| Plaintiff / appellant: HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California | |
| Represented By: | Nicolai Cocis |
| Represented By: | Daniel Joseph Schmid Esquire |
| Represented By: | Roger Gannam |
| Represented By: | Mathew D. Staver |
| Represented By: | Horatio Gabriel Mihet Esquire |
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| Plaintiff / appellant: HARVEST INTERNATIONAL MINISTRY, INC., itself and on behalf of its member churches in California | |
| Represented By: | Nicolai Cocis |
| Represented By: | Daniel Joseph Schmid Esquire |
| Represented By: | Roger Gannam |
| Represented By: | Mathew D. Staver |
| Represented By: | Horatio Gabriel Mihet Esquire |
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| Amicus curiae: THE BECKET FUND FOR RELIGIOUS LIBERTY | |
| Represented By: | Eric C. Rassbach |
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