2021—In the second of two rulings three days apart, a Ninth Circuit panel rules (in Harvest Rock Church v. Newsom) that California, in its fight against the covid pandemic, did not violate the Free Exercise rights of a church in a “Tier 1” (highly infected) county by completely prohibiting indoor worship services. With the earlier ruling as binding precedent, Judge Diarmuid O’Scannlain is compelled to concur, but protests that the rulings are “woefully out of step” with a November 2020 ruling from the Supreme Court.
Eleven days later, the Supreme Court, by a vote of 6 to 3, will enjoin California from enforcing the prohibition. One day after that, California will abandon its prohibition.