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Idaho v. United States

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Emergency application for stay granted on Jan. 5, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
23A470 9th Cir. TBD TBD TBD TBD OT 2023

Issue: Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 20 2023Application (23A470) for a stay, submitted to Justice Kagan.
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.
Nov 27 2023Brief amicus curiae of Advancing American Freedom, Inc. filed.
Nov 27 2023Brief amicus curiae of Institute for Faith and Family filed.
Nov 27 2023Brief amicus curiae of Catholic Health Care Leadership Alliance, et al. filed.
Nov 29 2023Brief amicus curiae of St. Luke’s Health System, Ltd. filed.
Nov 30 2023Response to application from respondent United States filed.
Dec 01 2023Reply of applicant Idaho filed.
Jan 03 2024Letter to the Clerk from Applicant Idaho filed.
Jan 05 2024Application (23A470) referred to the Court.
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.
Jun 27 2024Stay entered by the Court on January 5, 2024, VACATED. See opinion per curiam, Moyle v. United States, 603 U. S. ____ (2024). VIDED.