In a little-noticed order on the Supreme Court's "shadow docket", earlier this week Justice Gorsuch, without referring the petition to the entire Court, denied an emergency application for an injunction pending appeal filed by two churches who oppose Colorado's COVID-19 executive orders and public health orders. In Denver Bible Church v. Polis, (US Sup. Ct., application denied 6/1/2021), the churches sought an injunction while appeals are pending to prohibit the state from issuing future disaster emergency or public health orders against houses of worship and from enforcing against them any current orders issued since the beginning of the COVID pandemic. (Full text of application and brief in support). SCOTUSblog has more on the action. Here are links to other filings in the case.
