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Federal judge declines to follow SCOTUS order, freeing church goers from COVID ban

SOUTHERN CALIFORNIA RECORD

Sunday, November 24, 2024

Federal judge declines to follow SCOTUS order, freeing church goers from COVID ban

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Staver

Staver

Harvest Rock Church and Harvest International Ministry is seeking a renewed injunction after a federal judge in Southern California refused to honor a Supreme Court of the United States (SCOTUS) order vacating COVID-19 prohibitions against church worship, singing, and chanting.

“In terms of such blatant disregard for a Supreme Court's order, I haven't seen it happen quite like this,” Liberty Counsel attorney Matt Staver said on behalf of Harvest Rock Church.

Staver filed an emergency application for writ of injunctive relief on Dec. 9 to counter Central District of California Judge Jesus G. Bernal’s maneuver that would keep restrictions in place in Los Angeles County.

“The Ninth Circuit has already vacated the decision, which means there's no case at the Ninth Circuit because they followed the Supreme Court order and they did their job the same day,” Staver told the Southern California Record. “We would be stuck if it weren’t for the Supreme Court, which has indicated in the past that the door is always open and we can come back to them even with a letter brief. That's what we're doing.”

Born in Mexico and educated at Yale University then Stanford Law School, Judge Bernal was nominated to the federal bench by former President Obama in 2012.

As previously reported, SCOTUS granted Harvest Rock Church and Harvest International Ministry’s petition for writ of certiorari, which asked that a ban on attending church services be lifted.

“We've asked for intervention because of the emergency nature and the judge’s unwillingness to take the irreparable harm seriously,” Staver said in an interview. 

Irreparable harm includes a prosecutor in Pasadena threatening Harvest Rock Church, its pastors, congregants, operators, and attendees with daily criminal charges and fines, and the Pasadena Public Health Department threatening closure and imposition of attorney’s fees, according to Staver’s pleading.

“It's very frustrating,” Staver said. “Judges can delay you oftentimes and it took 59 days to get a ruling from this judge on a temporary restraining order. The Ninth Circuit acted very quickly. The Supreme Court has acted very quickly but this judge doesn't seem to have any concern about places of worship and the First Amendment.”

The First Amendment of the U.S. Constitution includes a provision for freedom of speech, freedom of the right to assemble and freedom of the press.

Judge Bernal stated in open court, “Applicants could consider their relief denied but that no written order would be forthcoming," according to Staver.

However, without a written order, Staver cannot appeal to the 9th Circuit.

“It’s very hostile,” Staver said of Judge Bernal. “I'm glad that the Supreme Court has made it clear and issued a very clear roadmap to follow. A judge is not going to stand in the way of the Constitution in the Supreme Court. We will continue to press this and ensure that the First Amendment is adhered to as the Supreme Court has clearly directed.”

The Dec. 3 SCOTUS order states: "The application for injunctive relief, presented to Justice Kagan and by her referred to the Court, is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The September 2 order of the United States District Court for the Central District of California is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to remand to the District Court for further consideration."

During an interview, Philip Gutierrez, the chief judge of the Central District of California, declined to comment on Judge Bernal's decision

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