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Labrador v. Poe

Emergency application for stay is granted on April 15, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
23A763 9th Cir. TBD TBD TBD TBD OT 2023

Issue: Whether a district court may facially enjoin a state law, here Idaho's Vulnerable Child Protection Act, and prohibit its enforcement against non-parties.

DateProceedings and Orders (key to color coding)
Feb 16 2024Application (23A763) for a stay, submitted to Justice Kagan.
Feb 21 2024Response to application (23A763) requested by Justice Kagan, due February 28, 2024, by Noon (EST).
Feb 21 2024Brief amicus curiae of Billy Burleigh, Laura Reynolds, KathyGrace Duncan, Laura Perry Smalts, Amanda Stewart, and Jane Smith filed.
Feb 21 2024Brief amicus curiae of Alabama and 18 Other States filed.
Feb 28 2024Response to application from respondent Pam Poe, By and Through Her Parents and Next Friends, et al. filed.
Mar 01 2024Reply of applicant Raul Labrador filed.
Apr 15 2024Application (23A763) referred to the Court.
Apr 15 2024Application (23A763) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted. The December 26, 2023 order of the United States District Court for the District of Idaho, case No. 1:23-cv-269, is stayed, except as to the provision to the plaintiffs of the treatments they sought below, pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Kagan would deny the application for stay. Justice Gorsuch, with whom Justice Thomas and Justice Alito join, concurring in the grant of stay. (Detached Opinion) Justice Kavanaugh, with whom Justice Barrett joins, concurring in the grant of stay. (Detached opinion) Justice Jackson, with whom Justice Sotomayor joins, dissents. (Detached Opinion)