| No. 23-727 | |
| Title: | Idaho, Petitioner v. United States |
| Docketed: | January 5, 2024 |
| Linked with 23A470 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (23-35440, 23-35450) |
| Decision Date: | November 13, 2023 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Nov 20 2023 | Application (23A470) for a stay, submitted to Justice Kagan. |
| Main Document | |
| Nov 20 2023 | Petition for a writ of certiorari filed. (Response due February 5, 2024) |
| Nov 27 2023 | Response to application (23A470) requested by Justice Kagan, due by 3 p.m. (EST) on November 30, 2023. |
| Nov 27 2023 | Brief amicus curiae of Indiana, et al. filed. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Brief amicus curiae of Advancing American Freedom, Inc. filed. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Brief amicus curiae of Institute for Faith and Family filed. |
| Main DocumentProof of Service | |
| Nov 27 2023 | Brief amicus curiae of Catholic Health Care Leadership Alliance, et al. filed. |
| Main DocumentProof of Service | |
| Nov 29 2023 | Brief amicus curiae of St. Luke’s Health System, Ltd. filed. |
| Main DocumentProof of Service | |
| Nov 30 2023 | Response to application from respondent United States filed. |
| Proof of ServiceMain Document | |
| Dec 01 2023 | Reply of applicant Idaho filed. |
| ReplyProof of Service | |
| Jan 03 2024 | Letter to the Clerk from Applicant Idaho filed. |
| Main Document | |
| Jan 05 2024 | Application (23A470) referred to the Court. |
| Jan 05 2024 | Petition GRANTED. |
| Jan 05 2024 | Application (23A470) for stay presented to Justice Kagan and by her referred to the Court is granted. The preliminary injunction issued on August 24, 2022, by the United States District Court for the District of Idaho, case No. 1:22-cv-00329, is stayed. The application is also treated as a petition for a writ of certiorari before judgment, and the petition is granted (case No. 23-727) on the question presented in Idaho's application (23A470). The cases (23-726 and 23-727) are consolidated and a total of 1 hour is allotted for oral argument. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the April 2024 argument session. The stay shall terminate upon the sending down of the judgment of this Court. VIDED. |
| Jan 05 2024 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-726. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-726. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 18 2024 | The joint appendix and petitioners’ briefs on the merits are to be filed on or before Tuesday, February 20, 2024. Respondent's brief on the merits is to be filed on or before Thursday, March 21, 2024. Reply briefs, if any, are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, April 12, 2024. VIDED. |
| Feb 16 2024 | SET FOR ARGUMENT on Wednesday, April 24, 2024. VIDED. |
| Feb 22 2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| Feb 27 2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| Mar 27 2024 | CIRCULATED |
| Apr 24 2024 | Argued. For petitioners: Joshua N. Turner, Chief of Constitutional Litigation and Policy, Boise, Idaho. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| Jun 27 2024 | Stay entered by the Court on January 5, 2024, VACATED. See opinion per curiam, Moyle v. United States, 603 U. S. ____ (2024). VIDED. |
| Jun 27 2024 | Writs of certiorari DISMISSED as improvidently granted, and the stays entered by the Court on January 5, 2024, are vacated. Opinion per curiam. Kagan, J., filed a concurring opinion, in which Sotomayor, J., joined, and in which Jackson, J., joined as to Part II. Barrett, J., filed a concurring opinion, in which Roberts, C. J., and Kavanaugh, J., joined. Jackson, J., filed an opinion concurring in part and dissenting in part. Alito, J., filed a dissenting opinion, in which Thomas, J., joined, and Gorsuch, J., joined as to Parts I and II. VIDED. |
| Jul 31 2024 | Judgment Issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Joshua Nathaniel Turner Counsel of Record | ldaho Attorney General's Office 700 W Jefferson Street Boise, ID 83720 josh.turner@ag.idaho.gov | 2083323548 |
| Party name: Idaho | ||
| Attorneys for Respondent | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Other | ||
| Jennifer Kennedy Park Counsel of Record | Cleary Gottlieb Steen & Hamilton LLP 1841 Page Mill Rd Palo Alto, CA 94304 jkpark@cgsh.com | 6508154130 |
| Party name: Sanctuary for Families and 16 Other Organizations | ||
| Ilya Shapiro Counsel of Record | Manhattan Institute 52 Vanderbilt Ave. New York, NY 10017 ishapiro@manhattan-institute.org | 212-599-7000 |
| Party name: Manhattan Institute | ||
| John Marc Wheat Counsel of Record | Advancing American Freedom, Inc. 801 Pennsylvania Ave., NW Suite 930 Washington, DC 20004-2729 MWHEAT@ADVANCINGAMERICANFREEDOM.COM | (202) 780-4848 |
| Party name: Advancing American Freedom | ||