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Idaho v. United States

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-727 9th Cir. Not Argued Jun 27, 2024 TBD Per Curiam OT 2023

Holding: Certiorari dismissed as improvidently granted.

Judgment: Dismissed as improvidently granted in a per curiam opinion on June 27, 2024. Justice Kagan filed a concurring opinion, in which Justice Sotomayor joined and Justice Jackson joined as to Part II. Justice Barrett filed a concurring opinion, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Jackson filed an opinion concurring in part and dissenting in part. Justice Alito filed a dissenting opinion, in which Justice Thomas joined and Justice Gorsuch joined as to Parts I and II.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 20 2023Application (23A470) for a stay, submitted to Justice Kagan.
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.
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 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.
Mar 27 2024CIRCULATED
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.
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.
Jun 27 2024Writs 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 2024Judgment Issued.