Supreme Court of the United States · Official docket →
Mike Moyle, Speaker of the Idaho House of Representatives, et al. v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35450, 23-35440 · judgment November 13, 2023
Decided · June 27, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and counsel who has filed here before.
Question presented
Consolidated with 23-727. WHETHER EMTALA PREEMPTS STATE LAWS THAT PROTECT HUMAN LIFE AND PROHIBIT ABORTIONS, LIKE IDAHO’S DEFENSE OF LIFE ACT. ORDER OF JANUARY 5, 2024 THE APPLICATIONS FOR STAY PRESENTED TO JUSTICE KAGAN AND BY HER REFERRED TO THE COURT ARE GRANTED. THE PRELIMINARY INJUNCTION ISSUED ON AUGUST 24, 2022, BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, CASE NO. 1:22-cv00329, IS STAYED. THE APPLICATIONS FOR STAY ARE ALSO TREATED AS PETITIONS FOR WRITS OF CERTIORARI BEFORE JUDGMENT, AND THE PETITIONS ARE GRANTED ON THE QUESTION PRESENTED IN IDAHO’S APPLICATION.
Counsel of record
For petitioner
Taylor Ann Rausch Meehan
Consovoy McCarthy PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
—
Amicus briefs
45 merits
(20 supporting pet./neither, 25 respondent)
Argument & decision
Argued April 24, 2024 — Joshua N. Turner · Elizabeth B. Prelogar. Audio and transcript
Decided June 27, 2024. Opinion by Per Curiam.
Proceedings
- Jul 31 2024Judgment Issued.
- 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.
- 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.
- Apr 12 2024Motion of petitioners in No. 23-726 for divided argument DENIED. VIDED.
- Apr 12 2024Reply of petitioner Idaho filed (as to 23-727). (Distributed)
- Apr 11 2024Reply of petitioners Mike Moyle, et al. filed (as to 23-726). (Distributed)
- Mar 28 2024Brief amicus curiae of Physicians for Reproductive Health filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Pregnancy Justice, New York University School of Law Reproductive Justice Clinic, and If/When/How filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Former HHS Officials filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of 258 Members of Congress filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of American Public Health Association, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amicus curiae of Chicago Abortion Fund filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Amanda Zurawski, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Physicians for Human Rights filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Local Prosecutors and Law Enforcement Leaders filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of American College of Obstetricians and Gynecologists, American College of Emergency Physicians, American Medical Association, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amicus curiae of Idaho Coalition for Safe Healthcare, Inc. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Professors Kent Greenfield, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Sanctuary for Families and 16 Other Organizations filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Professor David S. Cohen, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Disability Rights Advocates and Scholars filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of County Of Santa Clara and 12 Other Cities and Counties filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of Amnesty International, et al. filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of American Civil Liberties Union and ACLU of Idaho filed. VIDED. (Distributed)
- Mar 28 2024Brief amici curiae of States of California, New York, et al. filed. VIDED. (Distributed)
- Mar 27 2024CIRCULATED
- Mar 27 2024Brief amici curiae of U.S. Women's Chamber of Commerce, et al. filed. VIDED. (Distributed)
- Mar 27 2024Brief amici curiae of Dr. Caitlin Bernard, et al. filed. VIDED. (Distributed)
- Mar 27 2024Brief amicus curiae of National Network of Abortion Funds filed. VIDED. (Distributed)
- Mar 27 2024Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
- Mar 21 2024Brief of respondent United States filed. VIDED.
- Mar 18 2024Brief amici curiae of American Hospital Association, et al. filed. VIDED.
- Mar 14 2024Brief amicus curiae of St. Luke’s Health System, Ltd. filed. VIDED
- Mar 01 2024Motion for divided argument filed by petitioners in No. 23-726. VIDED.
- Feb 27 2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
- Feb 27 2024Brief amicus curiae of Manhattan Institute filed. VIDED.
- Feb 27 2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
- Feb 27 2024Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED.
- Feb 27 2024Brief amici curiae of 121 Members of Congress filed. VIDED.
- Feb 27 2024Brief amicus curiae of National Right to Life Committee filed. VIDED.
- Feb 27 2024Brief amici curiae of States of Indiana and 21 other states filed. VIDED.
- Feb 27 2024Brief amicus curiae of American Center for Law and Justice filed. VIDED.
- Feb 27 2024Brief amicus curiae of Christian Medical & Dental Associations filed. VIDED.
- Feb 27 2024Brief amici curiae of Woman Hurt by Abortion filed. VIDED.
- Feb 27 2024Brief amici curiae of Minnesota Family Council, Kansas Family Voice, and 24 Other Family Policy Organizations filed. VIDED.
- Feb 27 2024Brief amicus curiae of Charlotte Lozier Institute filed. VIDED.
- Feb 27 2024Brief amici curiae of America's Future, et al. filed.
- Feb 27 2024Brief amicus curiae of Prolife Center at the University of St. Thomas filed. VIDED.
- Feb 27 2024Brief amicus curiae of The American Association of Pro-Life Obstetricians & Gynecologists filed. VIDED.
- Feb 27 2024Brief amicus curiae of Stanton International (Mar. 6, 2024) filed. VIDED
- Feb 26 2024Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.
- Feb 26 2024Brief amicus curiae of Institute for Faith and Family filed. VIDED.
- Feb 23 2024Brief amici curiae of Foundation for Moral Law, et al. filed. VIDED.
- Feb 22 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
- Feb 20 2024Brief of petitioners Mike Moyle, et al. (as to 23-726) filed.
- Feb 20 2024Brief of petitioner Idaho (as to 23-727) filed.
- Feb 20 2024Joint appendix (3 volumes) filed. VIDED. (Statement of cost received.)
- Feb 16 2024SET FOR ARGUMENT on Wednesday, April 24, 2024. 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.
- Jan 05 2024Application (23A469) referred to the Court.
- Jan 05 2024Petition GRANTED.
- Jan 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.
- 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 03 2024Supplemental Brief of applicants Mike Moyle, et al. filed.
- Nov 30 2023Response to application from respondent United States filed.
- Nov 27 2023Response to application (23A469) requested by Justice Kagan, due by 3 p.m. (EST) on November 30, 2023.
- Nov 20 2023Application (23A469) for a stay, submitted to Justice Kagan.