Case: Brandt v. Rutledge

4:21-cv-00450 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 25, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 6, 2021, the Arkansas legislature passed H.B. 1570 — the "Save Adolescents from Experimentation” (SAFE) Act — over the governor’s veto. The Safe Act banned healthcare professionals from providing gender transition procedures, including puberty blockers and hormones, to anyone under 18 or from referring anyone under 18 to any healthcare professional for such procedures. Additionally, the SAFE Act prohibited coverage of gender transition procedures for minors by Medicaid or private insurance. Four families with transgender children and two pediatricians brought this complaint against various Arkansas state officials in the Eastern District of Arkansas on May 25, 2021. The families and doctors, represented by the National ACLU, Arkansas ACLU, and private law firms, claimed the SAFE Act was unconstitutional for: (1) violating the Equal Protection Clause of the 14th Amendment by discriminating on the basis of sex; (2) violating the Due Process Clause of the Fourteenth Amendment; and (3) violating the First Amendment by prohibiting healthcare providers from referring their patients for medical treatments in accordance with the accepted medical standards to treat gender dysphoria. The relief sought by the families included: (1) declaratory judgment that the SAFE Act was unconstitutional; (2) preliminary and permanent injunctions on the SAFE Act; and (3) an award of reasonable attorneys’ fees. The case was assigned to Judge James Maxwell Moody, Jr.

On June 17, 2021, the United States filed a Statement of Interest echoing the Plaintiffs’ claim that the SAFE Act violated the Equal Protection Clause of the 14th Amendment. Several national and state organizations of health professionals also filed amicus briefs in support of the plaintiffs. These organizations included the American Medical Association and Arkansas Psychiatric Society.

On July 21, 2021, the court denied Arkansas’ motion to dismiss and granted the Plaintiffs’ motion for a preliminary injunction on all three proposed grounds. On August 2, 2021, Judge Moody, Jr. elaborated in a Supplemental Order, 551 F.Supp.3d 882 (E.D. Ark. 2021), focusing on the families’ equal protection claim and explaining that the SAFE ACT “rests on sex-based classifications and… transgender people constitute at least a quasi-suspect class.” Moreover, the court found that the stated intents of the bill (protecting children from experimental treatment and regulating medical ethics) were pretextual. The court looked, among other things, at overwhelming medical testimony that “gender-affirming for transgender minors may be medically appropriate and necessary to improve the physical and mental health of transgender people.”

Arkansas appealed the decision on August 20, 2021 to the United States Court of Appeals for the Eighth Circuit. Both sides filed briefs, and again, many notable individuals and institutions filed amici briefs; the United States again filed a brief supporting the Plaintiffs. On August 25, 2022, Judges James B. Loken, Jane Kelly, and Katherine M. Menendez upheld the lower court's injunction because the lower court had not abused its discretion in granting a preliminary injunction based on Plaintiffs’ equal protection claim. The three Judges affirmed arguments that transgender youth would suffer "irreparable harm" absent preliminary injunction and that enforcing the law would prohibit medical treatment that conforms with the recognized standard of care. The Judges also agreed that the SAFE Act is not substantially related to its purported purposes of protecting children from experimental medical treatment and regulating medical ethics. The Court did not address the State’s challenges to Plaintiffs’ other claims. 47 F.4th 661. Arkansas requested an en banc or panel rehearing of their appeal of the preliminary injunction, but their request was rejected on November 16, 2022. The order itself did not contain any rationale, but a concurrence by Judge Colloton, joined by two other judges, explained that Arkansas had not requested a stay for the 15 prior months.

The district court held an eight-day bench trial in October 2022. On June 20, 2023, the court issued its findings of facts and conclusions of law, entered judgment for the plaintiffs on all claims, and enjoined the state from enforcing the law permanently. 677 F.Supp.3d 877. Among its findings of facts, the court found that transgender care was not experimental care, and that providing treatment for gender dysphoria wouldn't cause a person to be or remain transgender because there was no treatment that had the ability to change a person’s gender identity. In addition, the court found that parents or guardians would still be required to provide informed consent in order for their children to receive medical treatment, and the informed consent process was adequate to enable minor patients and their parents to make decisions about gender-affirming medical care for adolescents. Further, the risks of gender-affirming medical care were not categorically different from the types of risks that other types of pediatric healthcare pose, and for many adolescents the benefits of treatment greatly outweighed the risks. The court also found that adolescents with gender dysphoria were unlikely to de-transition or desist in their transition whether or not they received gender-affirming medical care.

As to conclusions of law, the court held that the SAFE Act violated the equal protection clause because it discriminated on the basis of sex, as a minor’s sex at birth determined whether the minor was able to receive certain types of medical care under the law. The court also held that the law discriminated against transgender people, as the law prohibited medical or surgical procedures related to gender transition, medical care that only transgender individuals chose to undergo. Further, the court found that Arkansas hadn’t met its burden of providing a persuasive justification for the differential treatment of transgender individuals. The state provided five reasons: i) that there was a lack of evidence of efficacy of the banned care; ii) that the banned treatment had risks and side effects; iii) that many patients would desist in their gender incongruence; iv) that some patients would later come to regret having received irreversible treatments; and v) that treatment was being provided without appropriate evaluation and informed consent. The court determined that none of these reasons were persuasive or supported by evidence at the trial. As to plaintiffs' due process claim, the court held that the Act's ban on all gender transition procedures was not sufficiently narrowly tailored to achieve the state's asserted interests, noting the plaintiff parents' fundamental right to make medical decisions for their children. Finally, the court held that the Act regulated physician speech -- effectively prohibiting physicians from informing their patients about the treatments -- and that it was a content and viewpoint-based regulation of speech subject to strict scrutiny. Applying that standard, the court held that the Act violated the First Amendment because Arkansas failed to prove that its interests in the safety of adolescents from gender transitioning procedures were "compelling, genuine, or even rational." Thus, the court entered judgment for the plaintiffs and permanently enjoined enforcement of the Act.

On July 20, 2023, Arkansas appealed the decision to the United States Court of Appeals for the Eighth Circuit (23-02681). Arkansas filed a petition for an initial hearing en banc and the court granted the petition on October 6, 2023. Following the grant of the petition for an initial hearing en banc, both sides filed briefs, and again, many notable individuals and institutions filed amici briefs; the United States again filed a brief supporting the Plaintiffs.

The appeal was argued before the Eighth Circuit, en banc, on April 11, 2024. The United States participated in oral argument.

On August 12, 2025, in an 8-2 opinion, the Eighth Circuit reversed the district court’s decision and remanded the case. The Court of Appeals found that (1) the Act does not classify on the basis of sex or transgender status (rather only of age and medical procedure) and so does not violate or even trigger heightened scrutiny under the Equal Protection Clause; (2) the Act survives rational basis review under the Equal Protection and Due Process Clauses; (3) under the Fourteenth Amendment, the nation’s history and tradition and its “historical understanding of ordered liberty” do not guarantee the right of a parent to offer his or her child a medical treatment desired by the child and approved by a physician but deemed inappropriate for minors by the state legislature; (4) the Act survives the intermediate First Amendment scrutiny required when a statute imposes a burden on protected speech that is only incidental to its regulation of other activity because Arkansas has a compelling interest in protecting the health of minors and has adequately tailored the law to serve that compelling interest.

The Eighth Circuit concluded that the district court had rested its permanent injunction on incorrect conclusions of law and reversed the judgment, remanding the case for further proceedings. As of October 15, 2025 the case is ongoing.

	Document
4:21-cv-00450	Docket [PACER]	Sept. 30, 2021	Sept. 30, 2021 Docket
289 4:21-cv-00450	USCA Docketing Letter U.S. Court of Appeals for the Eighth Circuit	July 21, 2023	July 21, 2023 Docket
1 4:21-cv-00450	Complaint for Declaratory and Injunctive Relief	May 25, 2021	May 25, 2021 Complaint
19 4:21-cv-00450	Statement of Interest of the United States	June 17, 2021	June 17, 2021 Statement of Interest (DOJ)
64 4:21-cv-00450	Supplemental Order	Aug. 2, 2021	Aug. 2, 2021 Order/Opinion 551 F.Supp.3d 882
193 4:21-cv-00450 21-02875	Appeal from United States District Court for the Eastern District of Arkansas - Central U.S. Court of Appeals for the Eighth Circuit	Aug. 25, 2022	Aug. 25, 2022 Order/Opinion 47 F.4th 661
226 4:21-cv-00450 21-02875	USCA Order U.S. Court of Appeals for the Eighth Circuit	Nov. 16, 2022	Nov. 16, 2022 Order/Opinion 2022 WL 16957734
283 4:21-cv-00450	Findings of Fact and Conclusions of Law	June 20, 2023	June 20, 2023 Order/Opinion 677 F.Supp.3d 877
804843313 23-02681	Brief Brandt v. Griffin U.S. Court of Appeals for the Eighth Circuit	Sept. 14, 2023	Sept. 14, 2023 Pleading / Motion / Brief 147 F.4th 867
805325846-3 23-02681	Published Opinion Brandt v. Griffin U.S. Court of Appeals for the Eighth Circuit	Aug. 12, 2025	Aug. 12, 2025 Order/Opinion

ECF Number	Description	Date	Link Date / Link
804801243	Civil case docketed. [5298264] [23-2681] (AEV) [Entered: 07/21/2023 02:09 PM]	July 21, 2023	July 21, 2023 RECAP
804801246	Originating court document filed consisting of notice of appeal, Findings of Fact and Conclusions of Law 6/20/23, Judgment 6/20/23, docket entries, [5298266] [23-2681] (AEV) [Entered: 07/21/2023 02:11 PM]	July 21, 2023	July 21, 2023 RECAP
804801253	BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 08/30/2023. Appendix due 09/11/2023. BRIEF APPELLANTS, Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Amy E. Embry, Edward Gardner, Rodney Griffin, Tim Griffin, Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Don R. Philips, John H. Scribner, Matthew A. Sellers and Brad A. Thomas due 09/11/2023 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5298270] [23-2681] (AEV) [Entered: 07/21/2023 02:14 PM]	July 21, 2023	July 21, 2023 RECAP
	UPDATED fee status - [Case Number 23-2681: paid - cs] 5299061 [23-2681] (AEV) [Entered: 07/25/2023 10:04 AM]	July 25, 2023	July 25, 2023
804811088	APPEARANCE filed by Michael A. Cantrell for Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 08/04/2023 [5302915] [23-2681] (MAC) [Entered: 08/04/2023 10:06 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804811095	APPEARANCE filed by Nicholas J. Bronni for Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 08/04/2023 [5302918] [23-2681] (NJB) [Entered: 08/04/2023 10:11 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804811098	Certificate of transcript filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas. Transcript ordered[5302921] [23-2681] (MAC) [Entered: 08/04/2023 10:15 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804811101	DESIGNATION of record filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas. w/service 08/04/2023 [5302923] [23-2681] (MAC) [Entered: 08/04/2023 10:17 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804811107	METHOD of appendix preparation filed by Appellants Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas - Joint Appendix - w/service 08/04/2023 [5302924] [23-2681] (MAC) [Entered: 08/04/2023 10:19 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804811110	STATEMENT of issues filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas - w/service 08/04/2023. [5302926] [23-2681] (MAC) [Entered: 08/04/2023 10:21 AM]	Aug. 4, 2023	Aug. 4, 2023 RECAP
804834450	PETITION for initial Hearing En Banc filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 09/07/2023 [5314002] [23-2681] (DLJ) [Entered: 09/07/2023 11:27 AM]	Sept. 7, 2023	Sept. 7, 2023 RECAP
804834903	MOTION to hold briefing schedule in abeyance, or in the alternative, motion for extension of time to file brief, filed by Attorney Mr. Dylan L. Jacobs for Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 09/07/2023. [5314210] [23-2681]--[Edited 09/07/2023 by CRJ. Entry edited to add extension request relief and to correct docket text.] (DLJ) [Entered: 09/07/2023 03:53 PM]	Sept. 7, 2023	Sept. 7, 2023 RECAP
804835223	CLERK ORDER:The motion to hold the briefing schedule in abeyance is granted. The briefing schedule will be held in abeyance pending disposition of appellants' Petition for Initial Hearing En Banc. [5314210-2] [5314358] [23-2681] (CRJ) [Entered: 09/08/2023 09:36 AM]	Sept. 8, 2023	Sept. 8, 2023 RECAP
804836717	JUDGE ORDER:A petition for initial hearing en banc has been filed by the Appellants in the above case. The court requests a response to the petition. The response is limited to 3900 words and must contain a word count certificate. The response should be filed electronically. Response due on 09/21/2023 by Appellees Dylan Brandt, Joanna Brandt, Amanda Dennis, Brooke Dennis, Shayne Dennis, Michele Hutchison, Aaron Jennen, Lacey Jennen, Sabrina Jennen, Donnie Saxton, Parker Saxton and Kathryn Stambough. Special Sep 2023 [5315092] [23-2681] (CRJ) [Entered: 09/11/2023 04:14 PM]	Sept. 11, 2023	Sept. 11, 2023 RECAP
804838944	*DOCUMENT LOCKED*AMICUS/INTERVENOR brief of States of Missouri, Iowa, Nebraska, North Dakota and South Dakota submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5316137] [23-2681]--[Edited 09/20/2023 by CRJ. This brief has been refiled as a Brief in support of the Petition for initial Hearing En Banc. See history #5318337] (JD) [Entered: 09/14/2023 08:28 AM]	Sept. 14, 2023	Sept. 14, 2023
804843313	BRIEF in support of Petition for initial Hearing En Banc, filed by Amici on Behalf of Appellant(s) State of Iowa, State of Missouri, State of Nebraska, State of North Dakota and State of South Dakota [5318337] [23-2681] (CRJ) [Entered: 09/20/2023 03:27 PM]	Sept. 14, 2023	Sept. 14, 2023 Clearinghouse
804843605	APPEARANCE filed by Leslie Cooper for Appellees Mr. Dylan Brandt, Ms. Joanna Brandt, Ms. Amanda Dennis, Ms. Brooke Dennis, Shayne Dennis, Mr. Aaron Jennen, Ms. Lacey Jennen, Ms. Sabrina Jennen, Mr. Donnie Saxton, Mr. Parker Saxton and Ms. Kathryn Stambough w/service 09/21/2023 [5318499] [23-2681] (BJR) [Entered: 09/21/2023 09:52 AM]	Sept. 21, 2023	Sept. 21, 2023
804844211	RESPONSE in opposition to petition for initial hearing en banc [5314002-2] filed by Attorney Ms. Leslie Cooper for Appellees Mr. Dylan Brandt, Ms. Joanna Brandt, Ms. Amanda Dennis, Ms. Brooke Dennis, Shayne Dennis, Ms. Michele Hutchison, Mr. Aaron Jennen, Ms. Lacey Jennen, Ms. Sabrina Jennen, Mr. Donnie Saxton, Mr. Parker Saxton and Ms. Kathryn Stambough, w/service 09/21/2023. [5318804] [23-2681] (ASH) [Entered: 09/21/2023 06:09 PM]	Sept. 21, 2023	Sept. 21, 2023 RECAP
	*DOCUMENT LOCKED*APPEARANCE filed by Leslie Cooper for Appellees Mr. Dylan Brandt, Ms. Joanna Brandt, Ms. Amanda Dennis, Ms. Brooke Dennis, Shayne Dennis, Mr. Aaron Jennen, Ms. Lacey Jennen, Ms. Sabrina Jennen, Mr. Donnie Saxton, Mr. Parker Saxton and Ms. Kathryn Stambough w/service 09/21/2023 5318499 [23-2681]--[Edited 09/28/2023 by CRJ. Counsel has refiled the appearance form to include Michele Hutchinson. See history #5320129] (BJR) [Entered: 09/21/2023 09:52 AM]	Sept. 21, 2023	Sept. 21, 2023
804847146	APPEARANCE filed by Leslie Cooper for Appellees Mr. Dylan Brandt, Ms. Joanna Brandt, Ms. Amanda Dennis, Ms. Brooke Dennis, Shayne Dennis, Ms. Michele Hutchison, Mr. Aaron Jennen, Ms. Lacey Jennen, Ms. Sabrina Jennen, Mr. Donnie Saxton, Mr. Parker Saxton and Ms. Kathryn Stambough w/service 09/26/2023 [5320129] [23-2681] (ASH) [Entered: 09/26/2023 05:09 PM]	Sept. 26, 2023	Sept. 26, 2023 RECAP
804849418	28(j) citation filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 09/29/2023 - FOR CAL [5321222] [23-2681] (DLJ) [Entered: 09/29/2023 02:10 PM] 1 Brandt - 28j letter re LW View on RECAP 2 LW v. Skrmetti Opinion View on RECAP	Sept. 29, 2023	Sept. 29, 2023
804854617	28(j) citation filed by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas w/service 10/06/2023 - FOR CAL [5323808] [23-2681] (DLJ) [Entered: 10/06/2023 10:46 AM] 1 Brandt - 28j Letter re Poe View on RECAP 2 Poe v. Drummond Opinion View on RECAP	Oct. 6, 2023	Oct. 6, 2023
804854995	JUDGE ORDER:The petition for initial hearing en banc is granted. Judge Shepherd did not participate in the consideration or decision of this matter. Appellants's brief and appendix are due November 6, 2023. Once the briefs have been filed, counsel shall provide 30 copies of the brief and 11 copies of the appendix. [5314002-2] Special Sep 2023 [5323974] [23-2681] (CRJ) [Entered: 10/06/2023 03:35 PM]	Oct. 6, 2023	Oct. 6, 2023 RECAP
804874341	APPELLANT brief of Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5333438] [23-2681] (DLJ) [Entered: 11/06/2023 08:19 PM]	Nov. 6, 2023	Nov. 6, 2023
804874649	Addendum deficiency notice sent to counsel, Attorney Mr. Dylan L. Jacobs for Appellants C. Wesley Kluck, Tim Griffin, Mr. John H. Scribner, Veryl D. Hodges, Rodney Griffin, Timothy C. Paden, Ms. Elizabeth Anderson, Mr. Edward Gardner, Ms. Betty Guhman, Ms. Amy E. Embry, Mr. Don R. Philips, Michael J. Birrer, Christopher D. Davis, Brian L. McGee, Matthew A. Sellers and Brad A. Thomas. New electronic copy of addendum due on 11/13/2023 [5333578] [23-2681] (CRJ) [Entered: 11/07/2023 10:21 AM]	Nov. 7, 2023	Nov. 7, 2023
804874661	Addendum of APPELLANT submitted for review by Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5333586] [23-2681] (DLJ) [Entered: 11/07/2023 10:28 AM]	Nov. 7, 2023	Nov. 7, 2023
804874670	Brief deficiency notice sent to counsel, Attorney Mr. Dylan L. Jacobs for Appellants C. Wesley Kluck, Tim Griffin, Mr. John H. Scribner, Veryl D. Hodges, Rodney Griffin, Timothy C. Paden, Ms. Elizabeth Anderson, Mr. Edward Gardner, Ms. Betty Guhman, Ms. Amy E. Embry, Mr. Don R. Philips, Michael J. Birrer, Christopher D. Davis, Brian L. McGee, Matthew A. Sellers and Brad A. Thomas. [5333583] [23-2681] (CRJ) [Entered: 11/07/2023 10:24 AM]	Nov. 7, 2023	Nov. 7, 2023 RECAP
804874681	Addendum deficiency notice sent to counsel, Attorney Mr. Dylan L. Jacobs for Appellants C. Wesley Kluck, Tim Griffin, Mr. John H. Scribner, Veryl D. Hodges, Rodney Griffin, Timothy C. Paden, Ms. Elizabeth Anderson, Mr. Edward Gardner, Ms. Betty Guhman, Ms. Amy E. Embry, Mr. Don R. Philips, Michael J. Birrer, Christopher D. Davis, Brian L. McGee, Matthew A. Sellers and Brad A. Thomas. New electronic copy of addendum due on 11/13/2023 [5333593] [23-2681] (CRJ) [Entered: 11/07/2023 10:38 AM]	Nov. 7, 2023	Nov. 7, 2023
804874687	APPELLANT brief of Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5333597] [23-2681] (DLJ) [Entered: 11/07/2023 10:43 AM]	Nov. 7, 2023	Nov. 7, 2023
804874735	Addendum of APPELLANT submitted for review by Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5333618] [23-2681] (DLJ) [Entered: 11/07/2023 11:07 AM]	Nov. 7, 2023	Nov. 7, 2023
804874841	Brief deficiency notice sent to counsel, Attorney Mr. Dylan L. Jacobs for Appellants C. Wesley Kluck, Tim Griffin, Mr. John H. Scribner, Veryl D. Hodges, Rodney Griffin, Timothy C. Paden, Ms. Elizabeth Anderson, Mr. Edward Gardner, Ms. Betty Guhman, Ms. Amy E. Embry, Mr. Don R. Philips, Michael J. Birrer, Christopher D. Davis, Brian L. McGee, Matthew A. Sellers and Brad A. Thomas. [5333662] [23-2681] (CRJ) [Entered: 11/07/2023 11:42 AM]	Nov. 7, 2023	Nov. 7, 2023 RECAP
804874848	ADDENDUM of APPELLANT FILED by Appellants Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas, w/service 11/07/2023 [5333677] [23-2681] (CRJ) [Entered: 11/07/2023 11:51 AM]	Nov. 7, 2023	Nov. 7, 2023
804875017	APPELLANT brief of Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5333747] [23-2681] (DLJ) [Entered: 11/07/2023 01:29 PM]	Nov. 7, 2023	Nov. 7, 2023
804875092	BRIEF FILED - APPELLANT BRIEF filed by Ms. Elizabeth Anderson, Michael J. Birrer, Christopher D. Davis, Ms. Amy E. Embry, Mr. Edward Gardner, Rodney Griffin, Tim Griffin, Ms. Betty Guhman, Veryl D. Hodges, C. Wesley Kluck, Brian L. McGee, Timothy C. Paden, Mr. Don R. Philips, Mr. John H. Scribner, Matthew A. Sellers and Brad A. Thomas. w/service 11/07/2023, Length: 10,680 words 30 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Appellants due 11/13/2023 WITH certificate of service for paper briefs. Brief of Appellees due on 12/07/2023 [5333787] [23-2681] (CRJ) [Entered: 11/07/2023 02:33 PM]	Nov. 7, 2023	Nov. 7, 2023 RECAP
804875835	AMICUS/INTERVENOR brief of Family Research Council submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5334160] [23-2681] (CEM) [Entered: 11/08/2023 12:37 PM]	Nov. 8, 2023	Nov. 8, 2023
804875907	BRIEF FILED - AMICUS BRIEF filed by Family Research Council w/service 11/08/2023, Length: 6,496 words 30 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Family Research Council due 11/13/2023 WITH certificate of service for paper briefs [5334194] [23-2681] (CRJ) [Entered: 11/08/2023 02:42 PM] 1 CovLtrAmBrFiled View on PACER 2 Amicus Brief of Family Research Council View on RECAP	Nov. 8, 2023	Nov. 8, 2023
804876143	APPEARANCE filed by Christopher Mills for Amicus on Behalf of Appellant(s) Family Research Council w/service 11/08/2023 [5334297] [23-2681] (CEM) [Entered: 11/08/2023 09:37 PM]	Nov. 8, 2023	Nov. 8, 2023
	RECORD FILED - TRIAL TRANSCRIPT, 8 volumes, Comments: District Court documents #219, 220, 224, 246, 247, 248, 249, and 275 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / EA, Dt. of Proceeding/Hearing: 10/17/2022 - 12/01/2022 5333980 [23-2681] (STL) [Entered: 11/08/2023 08:42 AM]	Nov. 8, 2023	Nov. 8, 2023
804878162	AMICUS/INTERVENOR brief of States of Alabama, Missouri, Tennessee, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Kansas, Kentucky, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and West Virginia submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5335207] [23-2681] (EGL) [Entered: 11/13/2023 03:51 PM]	Nov. 13, 2023	Nov. 13, 2023
804878323	MOTION for extension of time to file brief, until 01/22/2024, filed by Attorney Ms. Leslie Cooper for Appellees Mr. Dylan Brandt, Ms. Joanna Brandt, Ms. Amanda Dennis, Ms. Brooke Dennis, Shayne Dennis, Ms. Michele Hutchison, Mr. Aaron Jennen, Ms. Lacey Jennen, Ms. Sabrina Jennen, Mr. Donnie Saxton, Mr. Parker Saxton and Ms. Kathryn Stambough w/service 11/13/2023. [5335274] [23-2681]--[Edited 11/15/2023 by DMW to correct relief requested]--[Edited 11/15/2023 by CRJ. Entry edited to correct the requested extension date.] (ASH) [Entered: 11/13/2023 09:14 PM]	Nov. 13, 2023	Nov. 13, 2023

Case: Brandt v. Rutledge

4:21-cv-00450 | U.S. District Court for the Eastern District of Arkansas

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