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Moyle v. United States

Consolidated with:

Docket No. Argument Opinion Vote Author Term
23-726 Apr 24, 2024 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)
11/20/2023Application (23A469) for a stay, submitted to Justice Kagan.
11/27/2023Response to application (23A469) requested by Justice Kagan, due by 3 p.m. (EST) on November 30, 2023.
11/30/2023Response to application from respondent United States filed.
01/03/2024Supplemental Brief of applicants Mike Moyle, et al. filed.
01/05/2024Application (23A469) referred to the Court.
01/05/2024Petition GRANTED.
01/05/2024Application (23A469) 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. 23-726) 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.
01/05/2024Because 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."
01/18/2024The 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.
02/16/2024SET FOR ARGUMENT on Wednesday, April 24, 2024. VIDED.
02/20/2024Brief of petitioners Mike Moyle, et al. (as to 23-726) filed.
02/20/2024Brief of petitioner Idaho (as to 23-727) filed.
02/20/2024Joint appendix (3 volumes) filed. VIDED. (Statement of cost received.)
02/22/2024Record requested from the United States Court of Appeals for the Ninth Circuit.
02/23/2024Brief amici curiae of Foundation for Moral Law, et al. filed. VIDED.
02/26/2024Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.
02/26/2024Brief amicus curiae of Institute for Faith and Family filed. VIDED.
02/27/2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
02/27/2024Brief amicus curiae of Manhattan Institute filed. VIDED.
02/27/2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
02/27/2024Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
02/27/2024Brief amici curiae of 121 Members of Congress filed. VIDED.
02/27/2024Brief amicus curiae of National Right to Life Committee filed. VIDED.
02/27/2024Brief amici curiae of States of Indiana and 21 other states filed. VIDED.
02/27/2024Brief amicus curiae of American Center for Law and Justice filed. VIDED.
02/27/2024Brief amicus curiae of Christian Medical & Dental Associations filed. VIDED.
02/27/2024Brief amici curiae of Woman Hurt by Abortion filed. VIDED.
02/27/2024Brief amici curiae of Minnesota Family Council, Kansas Family Voice, and 24 Other Family Policy Organizations filed. VIDED.
02/27/2024Brief amicus curiae of Charlotte Lozier Institute filed. VIDED.
02/27/2024Brief amici curiae of America's Future, et al. filed.
02/27/2024Brief amicus curiae of Prolife Center at the University of St. Thomas filed. VIDED.
02/27/2024Brief amicus curiae of The American Association of Pro-Life Obstetricians & Gynecologists filed. VIDED.
02/27/2024Brief amicus curiae of Stanton International (Mar. 6, 2024) filed. VIDED
03/01/2024Motion for divided argument filed by petitioners in No. 23-726. VIDED.
03/14/2024Brief amicus curiae of St. Luke"s Health System, Ltd. filed. VIDED
03/18/2024Brief amici curiae of American Hospital Association, et al. filed. VIDED.
03/21/2024Brief of respondent United States filed. VIDED.
03/27/2024CIRCULATED
03/27/2024Brief amici curiae of U.S. Women's Chamber of Commerce, et al. filed. VIDED. (Distributed)
03/27/2024Brief amici curiae of Dr. Caitlin Bernard, et al. filed. VIDED. (Distributed)
03/27/2024Brief amicus curiae of National Network of Abortion Funds filed. VIDED. (Distributed)
03/27/2024Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
03/28/2024Brief amicus curiae of Physicians for Reproductive Health filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Pregnancy Justice, New York University School of Law Reproductive Justice Clinic, and If/When/How filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Former HHS Officials filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of 258 Members of Congress filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of American Public Health Association, et al. filed. VIDED. (Distributed)
03/28/2024Brief amicus curiae of Chicago Abortion Fund filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Amanda Zurawski, et al. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Physicians for Human Rights filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Local Prosecutors and Law Enforcement Leaders filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of American College of Obstetricians and Gynecologists, American College of Emergency Physicians, American Medical Association, et al. filed. VIDED. (Distributed)
03/28/2024Brief amicus curiae of Idaho Coalition for Safe Healthcare, Inc. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Professors Kent Greenfield, et al. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Sanctuary for Families and 16 Other Organizations filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Professor David S. Cohen, et al. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Disability Rights Advocates and Scholars filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of County Of Santa Clara and 12 Other Cities and Counties filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of Amnesty International, et al. filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of American Civil Liberties Union and ACLU of Idaho filed. VIDED. (Distributed)
03/28/2024Brief amici curiae of States of California, New York, et al. filed. VIDED. (Distributed)
04/11/2024Reply of petitioners Mike Moyle, et al. filed (as to 23-726). (Distributed)
04/12/2024Motion of petitioners in No. 23-726 for divided argument DENIED. VIDED.
04/12/2024Reply of petitioner Idaho filed (as to 23-727). (Distributed)
04/24/2024Argued. 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.
06/27/2024Stay entered by the Court on January 5, 2024, VACATED. See <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>opinion</a> per curiam, <i>Moyle</i> v. <i>United States</i>, 603 U. S. ____ (2024). VIDED.
06/27/2024Writs of certiorari DISMISSED as improvidently granted, and the stays entered by the Court on January 5, 2024, are vacated. <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>Opinion</a> per curiam. Kagan, J., filed a concurring <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>opinion</a>, in which Sotomayor, J., joined, and in which Jackson, J., joined as to Part II. Barrett, J., filed a concurring <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>opinion</a>, in which Roberts, C. J., and Kavanaugh, J., joined. Jackson, J., filed an <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>opinion</a> concurring in part and dissenting in part. Alito, J., filed a dissenting <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf'>opinion</a>, in which Thomas, J., joined, and Gorsuch, J., joined as to Parts I and II. VIDED.
07/31/2024Judgment Issued.