DEFUNCT

Hebrews 8:1-8 A letter to the house of Israel and the house of Judah

YLT 1 And the sum concerning the things spoken of is : we have such a chief priest, who did sit down at the right hand of the throne of the greatness in the heavens, 2 of the holy places a servant, and of the true tabernacle, which the Lord did set up, and not man, 3 for every chief priest to offer both gifts and sacrifices is appointed, whence it is necessary for this one to have also something that he may offer; 4 for if, indeed, he were upon earth, he would not be a priest—(there being the priests who are offering according to the law, the gifts, 5 who unto an example and shadow do serve of the heavenly things, as Moses hath been divinely warned, being about to construct the tabernacle, for `See (saith He) thou mayest make all things according to the pattern that was shewn to thee in the mount;') — 6 and now he hath obtained a more excellent service, how much also of a better covenant is he mediator, which on better promises hath been sanctioned, 7 for if that first were faultless, a place would not have been sought for a second. 8 For finding fault, He saith to them, `Lo, days come, saith the Lord, and I will complete with the house of Israel, and with the house of Judah, a new covenant,

Of course "earth" in the verse above refers to the old covenant "land", since Hebrew priests were already serving according to law, in the temple, which was still standing in the old covenant land. Jesus could not be an old covenant priest according to law and now no one can even be in the old covenant.