v. GAVIN NEWSOM; XAVIER BECERRA; SANDRA SHEWRY; ERICA PAN; JEFFREY V. SMITH; SARA H. CODY,

Defendants-Appellees. Before: M. SMITH, BADE, and BUMATAY, Circuit Judges. Order by Judges M. SMITH and BADE, Partial Dissent and Partial Concurrence by Judge BUMATAY

This appeal challenges the district court’s February 5, 2021 order denying Appellants’ motion for a preliminary injunction. Appellants now move for an emergency injunction pending appeal, seeking to prohibit the enforcement of California’s restrictions on private “gatherings” and various limitations on businesses as applied to Appellants’ in-home Bible studies, political activities, and business operations. We conclude that the Appellants have not satisfied the requirements for the extraordinary remedy of an injunction pending appeal. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (“[I]njunctive relief [is] an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.”). Therefore, we deny the emergency motion.

I.

A.

In the district court, Ap