No. 23-727
Title:Idaho, Petitioner
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
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Nov 20 2023Application (23A470) for a stay, submitted to Justice Kagan.
Main Document
Nov 20 2023Petition for a writ of certiorari filed. (Response due February 5, 2024)
Nov 27 2023Response to application (23A470) requested by Justice Kagan, due by 3 p.m. (EST) on November 30, 2023.
Nov 27 2023Brief amicus curiae of Indiana, et al. filed.
Main DocumentProof of Service
Nov 27 2023Brief amicus curiae of Advancing American Freedom, Inc. filed.
Main DocumentProof of Service
Nov 27 2023Brief amicus curiae of Institute for Faith and Family filed.
Main DocumentProof of Service
Nov 27 2023Brief amicus curiae of Catholic Health Care Leadership Alliance, et al. filed.
Main DocumentProof of Service
Nov 29 2023Brief amicus curiae of St. Luke’s Health System, Ltd. filed.
Main DocumentProof of Service
Nov 30 2023Response to application from respondent United States filed.
Proof of ServiceMain Document
Dec 01 2023Reply of applicant Idaho filed.
ReplyProof of Service
Jan 03 2024Letter to the Clerk from Applicant Idaho filed.
Main Document
Jan 05 2024Application (23A470) referred to the Court.
Jan 05 2024Petition GRANTED.
Jan 05 2024Application (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 2024Because 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 2024The 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 2024SET FOR ARGUMENT on Wednesday, April 24, 2024. VIDED.
Feb 22 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
Feb 27 2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Apr 24 2024Argued. 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.

Attorneys for Petitioner
Joshua Nathaniel Turner
    Counsel of Record
ldaho Attorney General's Office
700 W Jefferson Street
Boise, ID 83720
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

Party name: United States
Jennifer Kennedy Park
    Counsel of Record
Cleary Gottlieb Steen & Hamilton LLP
1841 Page Mill Rd
Palo Alto, CA 94304
Party name: Sanctuary for Families and 16 Other Organizations
Ilya Shapiro
    Counsel of Record
Manhattan Institute
52 Vanderbilt Ave.
New York, NY 10017
Party name: Manhattan Institute
John Marc Wheat
    Counsel of Record
Advancing American Freedom, Inc.
801 Pennsylvania Ave., NW
Suite 930
Washington, DC 20004-2729

(202) 780-4848
Party name: Advancing American Freedom