Case: United States v. State of Idaho

1:22-cv-00329 | U.S. District Court for the District of Idaho

Filed Date: Aug. 2, 2022

Case Ongoing

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Case Summary

On August 22, 2022, the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the District of Idaho to protect what it alleged were rights of patients to access emergency abortion care guaranteed by federal law. The suit challenged Idaho Code § 18-622, which was set to go into effect on Aug. 25 and to impose a near-total ban on abortion. The complaint sought a declaratory judgment that § 18-622 conflicted with, and was preempted by, the federal Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. § 1395dd, in situations where an abortion is necessary stabilizing treatment for an emergency medical condition, and an order permanently enjoining the Idaho law to the extent it conflicted with EMTALA. Idaho passed § 18-622 after the Supreme Court overruled Roe v. Wade, in Dobbs v. Jackson Women's Health Organization.

According to the DOJ complaint, EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The federal statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.

Idaho's § 18-622 authorized prosecutors to prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho could ultimately avoid criminal liability by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman.” But the state law provided no defense for an abortion necessary to protect the health of the pregnant patient.

The case was assigned to District Judge Barry Lynn Winmill. On August 8, 2022 the DOJ moved for a preliminary injunction prohibiting enforcement of Idaho Code § 18-622 as applied to EMTALA-mandated care. That same day the Idaho State Legislature moved to intervene as defendants. Judge Winmill granted in part and denied in part the Legislature’s motion. Judge Winmill found that the Legislature could not intervene as a matter of right, since it did not show it sought to voice a different perspective than Idaho, or that Idaho would not adequately represent the Legislature's interests. However, Judge Winmill allowed the Legislature to intervene for the limited purpose of opposing the DOJ’s motion for preliminary injunction. The Legislature's participation was limited to presenting evidence and argument aimed at showing the alleged holes in the factual foundation of the DOJ’s motion. 342 F.R.D. 144.

On August 17, 2022 Judge Winmill denied the Legislature’s request for an evidentiary hearing. Judge Winmill found the declarations on file provided a sufficient basis to make an informed decision and the bulk of the alleged factual dispute was actually a legal dispute: the meaning of Idaho Code § 18-622 and its overlap with EMTALA. 2022 WL 3442500.

On August 24, 2022 Judge Winmill granted the DOJ’s preliminary injunction. Judge Winmill found it was not possible for healthcare workers to simultaneously comply with their obligations under EMTALA and Idaho Code § 18-622. The state law therefore had to yield to federal law under the Supremacy Clause. Even if it was possible to comply with both laws, Idaho Code § 18-622 stood as a clear obstacle to what Congress was attempting to accomplish with EMTALA. Idaho Code § 18-622 would deter physicians from providing abortions in some emergency situations while EMTALA intended to ensure emergency care for patients in Medicare-funded hospitals.

The injunction restrained Idaho from enforcing Idaho Code § 18-622 as applied to medical care required by EMTALA. Idaho was prohibited from initiating any criminal prosecution against, attempting to suspend or revoke the professional license of, or seeking to impose any other form of liability on, any medical provider or hospital based on their performance of conduct that is defined as an “abortion” under Idaho Code § 18-604(1), but that is necessary to avoid (i) “placing the health of” a pregnant patient “in serious jeopardy”; (ii) a “serious impairment to bodily functions” of the pregnant patient; or (iii) a “serious dysfunction of any bodily organ or part” of the pregnant patient. The preliminary injunction was effective immediately through the date on which judgment would be entered on the case. 623 F.Supp.3d 1096.

In September 2022, the Legislature and Idaho moved for reconsideration of the preliminary injunction. The court subsequently stayed issuance of a decision until the resolution of this motion. In the interim, on October 4, 2022, the Legislature renewed its motion to intervene. On February 3, 2023, the court denied the Legislature's motion, holding that the Legislature and the State's interests overlapped fully such that the State would adequately represent the Legislature's interests. 2023 WL 1767387. On March 2, the Legislature appealed to the Ninth Circuit (23-35153).

While the Legislature's appeal was pending, the lower court denied the State's motion for reconsideration of the preliminary injunction on May 4, 2023. The court considered the Idaho Supreme Court's January 2023 upholding of § 18-622 under the Idaho Constitution in Planned Parenthood Great Northwest v. State of Idaho , but concluded that the Planned Parenthood decision did not negate the fundamental principles underpinning this court's preliminary injunction. The preliminary injunction in this case did not rest on whether the abortion ban was consistent with the Idaho Constitution, but rather whether it conflicted with EMTALA. 2023 WL 3284977.

On June 28, 2023, Idaho appealed the initial order on motion for preliminary injunction and the order on motion for reconsideration to the Ninth Circuit (23-35440). On July 3, the Legislature also appealed the order on motion for reconsideration (23-35450). That same day, the Legislature also motioned to stay the preliminary injunction pending appeal. On September 28, the Ninth Circuit granted that motion, staying the preliminary injunction pending appeal. It explained that the Idaho law likely did not conflict with EMTALA, that the preliminary injunction directly harmed Idaho's sovereignty, and that the balance of the equities and the public interest favored Idaho's right to enforce its legitimately enacted laws during the pendency of the appeal. 83 F.4th 1130. Separately, the Ninth Circuit also consolidated 23-35440 and 23-35450.

On September 30, 2023, the United States filed an emergency motion for reconsideration en banc of the stay pending appeal. On October 10, per a vote of the majority of nonrecused active judges, the Ninth Circuit ordered the matter be reheard en banc and vacated the stay. 82 F.4th 1296. On November 13, the Ninth Circuit denied the motion to stay, and therefore allowed the district court's injunction to remain in effect while the appeal pended. 2023 U.S. App. LEXIS 30135. While the appeals were pending, many states and municipalities submitted amicus briefs to the Ninth Circuit.

On November 20, 2023, both the Legislature (23-726) and Idaho (23-727) separately applied to the Supreme Court for a stay of the district court's preliminary injunction. On January 3, the Idaho Acting Solicitor General notified the Supreme Court of the Fifth Circuit's recent opinion in Texas v. Becerra , which upheld a permanent injunction of federal guidance which had advised that EMTALA required abortions to be provided in emergency situations, even in jurisdictions with abortion bans. Two days later, the Supreme Court granted the application for stay, treated the application as a petition for a writ of certiorari before judgment, and granted the petition. In response, the Ninth Circuit stayed its proceedings regarding its consideration of the preliminary injunction pending a decision by the Supreme Court.

Meanwhile, the Ninth Circuit scheduled oral argument on the Legislature's motion to intervene for April 4, 2024. The case is ongoing.

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Summary Authors

Zoe Van Dyke (12/10/2022)

Michelle Wolk (2/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64862956/parties/united-states-v-state-of-idaho/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Batey, Ingrid C (Idaho)

Bower, Daniel W. (Idaho)

Callahan, Joan Elizabeth (Idaho)

Expert/Monitor/Master/Other

Aukland-Peck, Adam B. (Idaho)

Barta, James A. (Idaho)

Judge(s)

Winmill, Barry Lynn (Idaho)

Attorney for Plaintiff

Deffebach, Anna Lynn (Idaho)

Eiswerth, Christopher A. (Idaho)

Harris, Julie Straus (Idaho)

Nestler, Emily (Idaho)

Netter, Brian David (Idaho)

Newman, Lisa (Idaho)

Schwei, Daniel (Idaho)

Attorney for Defendant

Batey, Ingrid C (Idaho)

Bower, Daniel W. (Idaho)

Callahan, Joan Elizabeth (Idaho)

Church, Brian V (Idaho)

Foutz, Alan Wayne (Idaho)

Larrondo, Megan Ann (Idaho)

Olsen, Steven Lamar (Idaho)

Reed, Dayton Patrick (Idaho)

Smith, Clay R (Idaho)

Stewart, Monte N (Idaho)

Wilson, Lincoln Davis (Idaho)

Expert/Monitor/Master/Other

Aukland-Peck, Adam B. (Idaho)

Barta, James A. (Idaho)

Dubner, Jeffrey B. (Idaho)

Etlinger, Laura (Idaho)

Fisher, Thomas Molnar (Idaho)

Hernandez, Laura (Idaho)

Lewis, John T. (Idaho)

Mahmood, Maher (Idaho)

Martin, Leah S. (Idaho)

Olson, Wendy (Idaho)

Rice, Amanda K (Idaho)

Roth, Stuart (Idaho)

Roth, Jacob M (Idaho)

Sekulow, Jordan A. (Idaho)

Sekulow, Jay Alan (Idaho)

Selden, Shannon Rose (Idaho)

Summers, Olivia F. (Idaho)

Taylor, Charlotte H (Idaho)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:22-cv-00329	Complaint United States of America v. The State of Idaho	Aug. 2, 2022	Aug. 2, 2022 Complaint
27 1:22-cv-00329	Memorandum Decision and Order	Aug. 13, 2022	Aug. 13, 2022 Order/Opinion 342 F.R.D. 342
73 1:22-cv-00329	Memorandum Decision and Order	Aug. 17, 2022	Aug. 17, 2022 Order/Opinion 2022 WL 2022
95 1:22-cv-00329	Memorandum Decision and Order	Aug. 24, 2022	Aug. 24, 2022 Order/Opinion 623 F.Supp.3d 623
125 1:22-cv-00329	Memorandum Decision and Order	Feb. 3, 2023	Feb. 3, 2023 Order/Opinion 2023 WL 2023
135 1:22-cv-00329	Memorandum Decision and Order	May 4, 2023	May 4, 2023 Order/Opinion 2023 WL 2023
153 1:22-cv-00329	Order United States v. Idaho U.S. Court of Appeals for the Ninth Circuit	Oct. 2, 2023	Oct. 2, 2023 Order/Opinion 83 F.4th 83

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/64862956/united-states-v-state-of-idaho/

Last updated April 13, 2024, 3:05 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against State of Idaho, filed by The United States. (Attachments: # 1 Cover Sheet, # 2 Cover Sheet Counsel attachment, # 3 Summons)(Newman, Lisa) (Attachment 1 cover sheet replaced with PDF that cannot be edited on 8/3/2022) (ac). 1 Cover Sheet View on PACER 2 Cover Sheet Counsel attachment View on PACER 3 Summons View on PACER	Aug. 2, 2022	Aug. 2, 2022 Clearinghouse
2	NOTICE of Appearance by Anna Lynn Deffebach on behalf of All Plaintiffs (Deffebach, Anna)	Aug. 2, 2022	Aug. 2, 2022 PACER
3	NOTICE of Appearance by Julie Straus Harris on behalf of The United States (Straus Harris, Julie)	Aug. 2, 2022	Aug. 2, 2022 PACER
4	Summons Issued as to State of Idaho. (Print attached Summons for service.) (ac)	Aug. 3, 2022	Aug. 3, 2022 PACER
5	NOTICE of Appearance by Daniel Schwei on behalf of United States of America (Schwei, Daniel)	Aug. 4, 2022	Aug. 4, 2022 PACER
6	SUMMONS Returned Executed by United States of America. State of Idaho served on 8/2/2022, answer due 8/23/2022. (Newman, Lisa)	Aug. 4, 2022	Aug. 4, 2022 PACER
7	NOTICE of Appearance by Christopher A. Eiswerth on behalf of United States of America (Eiswerth, Christopher)	Aug. 4, 2022	Aug. 4, 2022 PACER
8	NOTICE of Appearance by Emily Nestler on behalf of United States of America (Nestler, Emily)	Aug. 4, 2022	Aug. 4, 2022 PACER
9	NOTICE of Appearance by Megan Ann Larrondo on behalf of State of Idaho (Larrondo, Megan)	Aug. 4, 2022	Aug. 4, 2022 PACER
10	NOTICE of Appearance by Brian David Netter on behalf of United States of America (Netter, Brian)	Aug. 5, 2022	Aug. 5, 2022 PACER
11	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for State of Idaho, United States of America re 1 Complaint, 9 Notice of Appearance Consent/Objection to Magistrate due by 10/4/2022. (alw)	Aug. 5, 2022	Aug. 5, 2022 RECAP
12	NOTICE of Appearance by Steven Lamar Olsen on behalf of State of Idaho (Olsen, Steven)	Aug. 5, 2022	Aug. 5, 2022 PACER
13	DOCKET ENTRY ORDER: In accordance with the agreement reached by the parties and discussed with the Court at an informal status conference, the following briefing schedule is ordered. The United States will file its motion for injunctive relief on Monday, August 8. The State of Idaho will file its response on Tuesday, August 16. The United States will file its reply brief by 12:00 pm MDT on Friday, August 19. The Court will have a hearing on the motion, which will be set by separate notice, on August 22. Signed by Judge B Lynn Winmill. (hgp)	Aug. 5, 2022	Aug. 5, 2022 PACER
21	Docket Text Minute Entry for proceedings held before Judge B Lynn Winmill: A Status Conference was held via Zoom on 8/5/2022. Appearing on behalf of Plaintiff: Lisa Newman, Daniel Schwei, and Brian Netter. Appearing on behalf of Defendant: Megan Larrondo and Steve Olsen. The Court discussed a briefing schedule regarding Plaintiff's motion for injunctive relief (see Dkt. 13). Hearing was held informally and was not recorded. Time: 1:04-1:14p.m. (jlg) (Entered: 08/10/2022)	Aug. 5, 2022	Aug. 5, 2022 PACER
14	ORDER. An amicus curiae supporting the United States of America must file its brief, accompanied by a motion for filing, no later than August 15, 2022. An amicus curiae supporting the State of Idaho must file its brief, accompanied by a motion for filing, no later than 12:00 MDT on August 19, 2022. An amicus curiae that does not support either party must file its brief no later than no later than 12:00 MDT on August 19, 2022. Signed by Judge B Lynn Winmill. (alw)	Aug. 8, 2022	Aug. 8, 2022 RECAP
15	Expedited MOTION to Intervene Daniel W. Bower, Monte N Stewart appearing for Intervenor Defendant Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Responses due by 8/29/2022 (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit 1 Proposed Answer)(Bower, Daniel) 1 Memorandum in Support of Motion to Intervene View on RECAP 2 Exhibit 1 Proposed Answer View on RECAP	Aug. 8, 2022	Aug. 8, 2022 RECAP
16	MOTION to Expedite Idaho Legislatures Motion to Intervene Daniel W. Bower appearing for Intervenor Defendant Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Responses due by 8/29/2022 (Bower, Daniel)	Aug. 8, 2022	Aug. 8, 2022 RECAP
17	MOTION for Preliminary Injunction Lisa Newman appearing for Plaintiff United States of America. Responses due by 8/29/2022 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Ex. A, Fleisher Declaration, # 4 Fleisher Appendix, Pt. 1, # 5 Fleisher Appendix, Pt. 2, # 6 Ex. B, Corrigan Declaration, # 7 Ex. C, Cooper Declaration, # 8 Ex. D, Seyb Declaration, # 9 Ex. E, Wright Declaration, # 10 Ex. F, Shadle Declaration, # 11 Ex. G, Newman Declaration, # 12 Newman Appendix, Pt. 1, # 13 Newman Appendix, Pt. 2)(Newman, Lisa) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Ex. A, Fleisher Declaration View on RECAP 4 Fleisher Appendix, Pt. 1 View on RECAP 5 Fleisher Appendix, Pt. 2 View on RECAP 6 Ex. B, Corrigan Declaration View on RECAP 7 Ex. C, Cooper Declaration View on RECAP 8 Ex. D, Seyb Declaration View on RECAP 9 Ex. E, Wright Declaration View on RECAP 10 Ex. F, Shadle Declaration View on RECAP 11 Ex. G, Newman Declaration View on RECAP 12 Newman Appendix, Pt. 1 View on RECAP 13 Newman Appendix, Pt. 2 View on RECAP	Aug. 8, 2022	Aug. 8, 2022 RECAP
18	DOCKET ENTRY ORDER: The parties shall respond to the motion to intervene (Dkt. 15 ) by Wednesday, August 10, 2022. Signed by Judge B Lynn Winmill. (hgp)	Aug. 9, 2022	Aug. 9, 2022 PACER
19	AMENDED ORDER re 14 Order. Signed by Judge B Lynn Winmill. (alw)	Aug. 9, 2022	Aug. 9, 2022 RECAP
20	NOTICE by State of Idaho re 15 Expedited MOTION to Intervene State of Idaho's Non-Opposition (Larrondo, Megan)	Aug. 10, 2022	Aug. 10, 2022 RECAP
22	DOCKET ENTRY NOTICE OF HEARING regarding 17 Motion for Preliminary Injunction: A Motion Hearing is set for 8/22/2022 at 9:30 AM in Boise - Courtroom 2 before Judge B Lynn Winmill. (jlg)	Aug. 10, 2022	Aug. 10, 2022 PACER
23	RESPONSE to Motion re 15 Expedited MOTION to Intervene filed by United States of America. Replies due by 8/24/2022.(Deffebach, Anna)	Aug. 10, 2022	Aug. 10, 2022 RECAP
24	DOCKET ENTRY ORDER: If the Idaho Legislature wishes to file its optional reply brief in support of its motion to intervene (filed at Dkt. 15), it must do so by 5:00 p.m. Mountain Time today, August 11, 2022. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)	Aug. 11, 2022	Aug. 11, 2022 PACER
25	REPLY to Response to Motion re 15 Expedited MOTION to Intervene filed by Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature.Motion Ripe Deadline set for 8/12/2022.(Bower, Daniel)	Aug. 11, 2022	Aug. 11, 2022 RECAP
26	NOTICE of Appearance by Brian V Church on behalf of State of Idaho (Church, Brian)	Aug. 12, 2022	Aug. 12, 2022 PACER
27	MEMORANDUM DECISION AND ORDER granting in part and denying in part 15 Motion to Intervene. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)	Aug. 13, 2022	Aug. 13, 2022 Clearinghouse
28	DOCKET ENTRY ORDER: The Court amends its oral order, made during the informal status conference today, as follows: The Legislature's deadline for submitting affidavits in supports of its response shall be due by 12:00 p.m., Mountain Time, on Wednesday, August 17, 2022. The Legislature's deadline to submit its brief opposing the United States Motion for Preliminary Injunction shall remain the same: that brief is due on August 16, 2022. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)	Aug. 15, 2022	Aug. 15, 2022 PACER
29	AMENDED DOCKET ENTRY NOTICE OF HEARING regarding 17 Motion for Preliminary Injunction: The Motion Hearing set for 8/22/2022 is rescheduled to begin at 9:00 AM in Boise - Courtroom 2 before Judge B Lynn Winmill. (jlg)	Aug. 15, 2022	Aug. 15, 2022 PACER
30	Minute Entry for proceedings held before Judge B Lynn Winmill: Video Status Conference was held on 8/15/2022. (Court Reporter Tammy Hohenleitner.) (jlg)	Aug. 15, 2022	Aug. 15, 2022 RECAP
31	NOTICE of Appearance by Joan Elizabeth Callahan on behalf of State of Idaho (Callahan, Joan)	Aug. 15, 2022	Aug. 15, 2022 PACER
32	MOTION FOR PRO HAC VICE APPEARANCE by Laura Etlinger. ( Filing fee $ 250 receipt number AIDDC-2435922.)Laura Etlinger appearing for Amicus Parties New York, State of, California, State of, Connecticut, State of, Colorado, State of, Delaware, State of, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, North Carolina, State of, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Washington, State of, Washington DC. Responses due by 9/6/2022 (Etlinger, Laura)	Aug. 15, 2022	Aug. 15, 2022 PACER
33	MOTION FOR PRO HAC VICE APPEARANCE by Jay Alan Sekulow. ( Filing fee $ 250 receipt number AIDDC-2436019.)Jay Alan Sekulow appearing for Amicus American Center for Law & Justice. Responses due by 9/6/2022 (Sekulow, Jay)	Aug. 15, 2022	Aug. 15, 2022 RECAP
34	MOTION FOR PRO HAC VICE APPEARANCE by Jordan A. Sekulow. ( Filing fee $ 250 receipt number AIDDC-2436031.)Jordan A. Sekulow appearing for Amicus American Center for Law & Justice. Responses due by 9/6/2022 (Sekulow, Jordan)	Aug. 15, 2022	Aug. 15, 2022 PACER
35	MOTION FOR PRO HAC VICE APPEARANCE by Stuart J. Roth. ( Filing fee $ 250 receipt number AIDDC-2436050.)Stuart Roth appearing for Amicus American Center for Law & Justice. Responses due by 9/6/2022 (Roth, Stuart)	Aug. 15, 2022	Aug. 15, 2022 PACER
36	MEMORANDUM/BRIEF filed by United States of America Regarding Live Testimony at August 22 Preliminary Injunction Hearing. (Schwei, Daniel)	Aug. 15, 2022	Aug. 15, 2022 RECAP
37	MOTION FOR PRO HAC VICE APPEARANCE by Olivia F. Summers. ( Filing fee $ 250 receipt number AIDDC-2436080.)Olivia F. Summers appearing for Amicus American Center for Law & Justice. Responses due by 9/6/2022 (Summers, Olivia)	Aug. 15, 2022	Aug. 15, 2022 RECAP
38	DOCKET ENTRY ORDER approving 32 Motion for Pro Hac Vice Appearance of attorney Laura Etlinger for California, State of,Laura Etlinger for Colorado, State of,Laura Etlinger for Connecticut, State of,Laura Etlinger for Delaware, State of,Laura Etlinger for Hawaii, State of,Laura Etlinger for Illinois, State of,Laura Etlinger for Maine, State of,Laura Etlinger for Maryland, State of,Laura Etlinger for Massachusetts, State of,Laura Etlinger for Michigan, State of,Laura Etlinger for Minnesota, State of,Laura Etlinger for Nevada, State of,Laura Etlinger for New Jersey, State of,Laura Etlinger for New Mexico, State of,Laura Etlinger for New York, State of,Laura Etlinger for North Carolina, State of,Laura Etlinger for Oregon, State of,Laura Etlinger for Pennsylvania, State of,Laura Etlinger for Rhode Island, State of,Laura Etlinger for Washington DC,Laura Etlinger for Washington, State of Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 15, 2022	Aug. 15, 2022 PACER
39	MOTION for Leave to File Brief as Amici Curiae Wendy Olson appearing for Amicus The American Hospital Association and The Association of American Medical Colleges. Responses due by 9/6/2022 (Attachments: # 1 Exhibit Ex. A to Motion for Leave to File Brief of Amici Curiae)(Olson, Wendy) Modified on 8/16/2022 to change party filed name (alw). 1 Exhibit Ex. A to Motion for Leave to File Brief of Amici Curiae View on RECAP	Aug. 15, 2022	Aug. 15, 2022 PACER
40	MOTION FOR PRO HAC VICE APPEARANCE by Amanda K. Rice. ( Filing fee $ 250 receipt number AIDDC-2436111.)Wendy Olson appearing for Amicus The American Hospital Association and The Association of American Medical Colleges. Responses due by 9/6/2022 (Olson, Wendy) Modified on 8/16/2022 to change filing party name (alw).	Aug. 15, 2022	Aug. 15, 2022 PACER
41	DOCKET ENTRY ORDER approving 33 34 35 36 Motion for Pro Hac Vice Appearance of attorney Jay Alan Sekulow,Jordan A. Sekulow,Stuart Roth,Olivia F. Summers for American Center for Law & Justice Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 15, 2022	Aug. 15, 2022 PACER
42	MOTION FOR PRO HAC VICE APPEARANCE by Jacob M. Roth. ( Filing fee $ 250 receipt number AIDDC-2436117.)Wendy Olson appearing for Amicus The American Hospital Association and The Association of American Medical Colleges. Responses due by 9/6/2022 (Olson, Wendy) Modified on 8/16/2022 to change filing party name (alw).	Aug. 15, 2022	Aug. 15, 2022 PACER
43	MOTION FOR PRO HAC VICE APPEARANCE by Charlotte H. Taylor. ( Filing fee $ 250 receipt number AIDDC-2436127.)Wendy Olson appearing for Amicus The American Hospital Association and The Association of American Medical Colleges. Responses due by 9/6/2022 (Olson, Wendy) Modified on 8/16/2022 to change filing party name (alw).	Aug. 15, 2022	Aug. 15, 2022 PACER
44	MEMORANDUM/BRIEF filed by Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature Regarding Live Testimony at August 22 Preliminary Injunction Hearing. (Bower, Daniel)	Aug. 15, 2022	Aug. 15, 2022 RECAP
45	MOTION to File Amicus Brief Laura Etlinger appearing for Amicus Parties California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, New York, State of, North Carolina, State of, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Washington DC, Washington, State of. Responses due by 9/6/2022 (Attachments: # 1 Memorandum in Support proposed amicus brief)(Etlinger, Laura) 1 Memorandum in Support proposed amicus brief View on RECAP	Aug. 15, 2022	Aug. 15, 2022 RECAP
46	MEMORANDUM/BRIEF filed by State of Idaho re: letter brief requested by Dkt. 30. (Church, Brian)	Aug. 15, 2022	Aug. 15, 2022 RECAP
47	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Shannon Rose Selden. Shannon Rose Selden appearing for Amicus Parties American College of Emergency Physicians, Idaho Chapter of the American College of Emergency Physicians, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, National Medical Association, National Hispanic Medical Association, American Academy of Pediatrics, American Academy of Family Physicians, American Public Health Association, American Medical Association,. Responses due by 9/6/2022 (Selden, Shannon)	Aug. 15, 2022	Aug. 15, 2022 PACER
48	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Leah Martin. Leah S. Martin appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Martin, Leah)	Aug. 15, 2022	Aug. 15, 2022 PACER
49	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Adam Aukland-Peck. Adam B. Aukland-Peck appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Aukland-Peck, Adam)	Aug. 15, 2022	Aug. 15, 2022 PACER
50	MOTION to File Amicus Brief (UNOPPOSED) Shannon Rose Selden appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Attachments: # 1 Exhibit Brief of Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction)(Selden, Shannon) 1 Exhibit Brief of Amici Curiae in Support of Plaintiffs Motion for a Preliminary View on RECAP	Aug. 15, 2022	Aug. 15, 2022 PACER
51	ERRATA by Amicus Parties California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, New York, State of, North Carolina, State of, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Washington DC, Washington, State of re 45 MOTION to File Amicus Brief . (Attachments: # 1 Memorandum in Support corrected signature blocks on amicus brief and motion)(Etlinger, Laura)	Aug. 16, 2022	Aug. 16, 2022 PACER
	Corrective Entry	Aug. 16, 2022	Aug. 16, 2022 PACER
52	DOCKET ENTRY ORDER approving 40 42 43 Motion for Pro Hac Vice Appearance of attorney Amanda K Rice,Jacob M Roth,Charlotte H Taylor for The American Hospital Association,Amanda K Rice,Jacob M Roth,Charlotte H Taylor for The Association of American Medical Colleges Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 16, 2022	Aug. 16, 2022 PACER
	CORRECTIVE ENTRY - The entry docket number 47 48 49 MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Shannon Rose Selden. filed by American Public Health Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Family Physicians, National Hispanic Medical Association, American College of Emergency Physicians, Idaho Chapter of the American College of Emergency Physicians, National Medical Association, American Medical Association,, American Academy of Pediatrics was filed incorrectly in this case. The filing parties shall re-submit their motions for pro hac and pay the filing fee.(alw)	Aug. 16, 2022	Aug. 16, 2022 PACER
53	MOTION FOR PRO HAC VICE APPEARANCE by Shannon Rose Selden. ( Filing fee $ 250 receipt number AIDDC-2436424.)Shannon Rose Selden appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Selden, Shannon)	Aug. 16, 2022	Aug. 16, 2022 RECAP
54	MOTION FOR PRO HAC VICE APPEARANCE by Leah Martin. ( Filing fee $ 250 receipt number AIDDC-2436438.)Leah S. Martin appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Martin, Leah)	Aug. 16, 2022	Aug. 16, 2022 PACER
55	MOTION FOR PRO HAC VICE APPEARANCE by Adam Aukland-Peck. ( Filing fee $ 250 receipt number AIDDC-2436445.)Adam B. Aukland-Peck appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/6/2022 (Aukland-Peck, Adam)	Aug. 16, 2022	Aug. 16, 2022 PACER
56	DOCKET ENTRY ORDER: 39 The American Hospital Association and The Association of American Medical Colleges' Motion for Leave to File Brief as Amici Curiae is GRANTED. Amici are directed to formally file their [39-1] Proposed Brief. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 16, 2022	Aug. 16, 2022 PACER
57	DOCKET ENTRY ORDER: 45 The States of California, New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, and Washington, and Washington, D.C.'s Motion to file Amicus Brief is GRANTED. Amici States are directed to formally file their Proposed Brief [45-1]. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 16, 2022	Aug. 16, 2022 PACER
58	DOCKET ENTRY ORDER: 50 American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine's Motion to file Amicus Brief is GRANTED. Amici are directed to formally file their [50-1] Proposed Brief. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 16, 2022	Aug. 16, 2022 PACER
59	RESPONSE to Motion re 17 MOTION for Preliminary Injunction filed by California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, New York, State of, North Carolina, State of, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Washington DC, Washington, State of. Replies due by 8/30/2022.(Etlinger, Laura)	Aug. 16, 2022	Aug. 16, 2022 RECAP
60	DOCKET ENTRY ORDER approving 53 54 55 Motion for Pro Hac Vice Appearance of attorney Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American Academy of Family Physicians,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American Academy of Pediatrics,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American College of Emergency Physicians,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American College of Obstetricians and Gynecologists,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American Medical Association,,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for American Public Health Association,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for Idaho Chapter of the American College of Emergency Physicians,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for National Hispanic Medical Association,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for National Medical Association,Shannon Rose Selden,Leah S. Martin,Adam B. Aukland-Peck for Society for Maternal-Fetal Medicine Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 16, 2022	Aug. 16, 2022 PACER
61	MOTION FOR PRO HAC VICE APPEARANCE by Laura B. Hernandez. ( Filing fee $ 250 receipt number AIDDC-2436596.)Laura Hernandez appearing for Amicus American Center for Law & Justice. Responses due by 9/6/2022 (Hernandez, Laura)	Aug. 16, 2022	Aug. 16, 2022 PACER
62	RESPONSE to Motion re 17 MOTION for Preliminary Injunction filed by American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Replies due by 8/30/2022.(Selden, Shannon)	Aug. 16, 2022	Aug. 16, 2022 RECAP
63	RESPONSE re 17 MOTION for Preliminary Injunction filed by The American Hospital Association, The Association of American Medical Colleges /Amicus Brief re Docket 39. (Olson, Wendy)	Aug. 16, 2022	Aug. 16, 2022 RECAP
64	DOCKET ENTRY ORDER approving 61 Motion for Pro Hac Vice Appearance of attorney Laura Hernandez for American Center for Law & Justice Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 16, 2022	Aug. 16, 2022 PACER
65	MEMORANDUM in Opposition re 17 MOTION for Preliminary Injunction filed by Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Replies due by 8/30/2022.(Bower, Daniel)	Aug. 16, 2022	Aug. 16, 2022 RECAP
66	RESPONSE to Motion re 17 MOTION for Preliminary Injunction filed by State of Idaho. Replies due by 8/30/2022. (Attachments: # 1 Declaration of Kraig White MD, # 2 Declaration of Randy Rodriguez)(Church, Brian) 1 Declaration of Kraig White MD View on PACER 2 Declaration of Randy Rodriguez View on PACER	Aug. 16, 2022	Aug. 16, 2022 RECAP
67	MOTION FOR PRO HAC VICE APPEARANCE by Jeffrey B. Dubner. ( Filing fee $ 250 receipt number AIDDC-2437111.)Jeffrey B. Dubner appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/7/2022 (Dubner, Jeffrey)	Aug. 17, 2022	Aug. 17, 2022 PACER
68	MOTION FOR PRO HAC VICE APPEARANCE by John T. Lewis. ( Filing fee $ 250 receipt number AIDDC-2437139.)John Lewis appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/7/2022 (Lewis, John)	Aug. 17, 2022	Aug. 17, 2022 PACER
69	MOTION for Leave to File LEGAL ARGUMENTS Daniel W. Bower appearing for Intervenor Defendant Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Responses due by 9/7/2022 (Attachments: # 1 Exhibit Legislatures unique legal arguments)(Bower, Daniel) 1 Exhibit Legislatures unique legal arguments View on PACER	Aug. 17, 2022	Aug. 17, 2022 PACER
70	DOCKET ENTRY ORDER approving 67 68 Motion for Pro Hac Vice Appearance of attorney John Lewis,Jeffrey B. Dubner for American Academy of Family Physicians,John Lewis,Jeffrey B. Dubner for American Academy of Pediatrics,John Lewis,Jeffrey B. Dubner for American College of Emergency Physicians,John Lewis,Jeffrey B. Dubner for American College of Obstetricians and Gynecologists,John Lewis,Jeffrey B. Dubner for American Medical Association,,John Lewis,Jeffrey B. Dubner for American Public Health Association,John Lewis,Jeffrey B. Dubner for Idaho Chapter of the American College of Emergency Physicians,John Lewis,Jeffrey B. Dubner for National Hispanic Medical Association,John Lewis,Jeffrey B. Dubner for National Medical Association,John Lewis,Jeffrey B. Dubner for Society for Maternal-Fetal Medicine Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 17, 2022	Aug. 17, 2022 PACER
71	AFFIDAVIT in Opposition re 17 MOTION for Preliminary Injunction filed by Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Replies due by 8/31/2022. (Attachments: # 1 Affidavit Reynolds Declaration, # 2 Affidavit Harder Declaration, # 3 Exhibit Idaho Report of Induced Termination of Pregnancy, # 4 Exhibit Idaho Abortion Reporting Response, # 5 Affidavit French Declaration, # 6 Affidavit Loebs Declaration)(Bower, Daniel)	Aug. 17, 2022	Aug. 17, 2022 PACER
72	NOTICE of Appearance by Alan Wayne Foutz on behalf of State of Idaho (Foutz, Alan)	Aug. 17, 2022	Aug. 17, 2022 PACER
73	MEMORANDUM DECISION AND ORDER. Legislatures request for an evidentiary hearingis DENIED. Signed by Judge B Lynn Winmill. (alw)	Aug. 17, 2022	Aug. 17, 2022 Clearinghouse
74	MOTION to File Amicus Brief Olivia F. Summers appearing for Amicus American Center for Law & Justice. Responses due by 9/7/2022 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Summers, Olivia) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP	Aug. 17, 2022	Aug. 17, 2022 PACER
75	DOCKET ENTRY ORDER: Before the Court is the Idaho Legislature's Motion for Leave to File Legal Arguments 69 . Having considered the Legislature's Motion, the Court declines at this juncture to modify the conditions it imposed in its earlier Order 27 allowing the Legislature to permissively intervene. Allowing the Legislature to file an additional brief past the deadline of the expedited briefing schedule would unduly prejudice the United States, which must file its reply brief by 12:00 pm MST, on August 19, 2022. In addition, the Legislatures total briefing would exceed not only the 15-page limit imposed by the Court but would also exceed the 20-page limit imposed by the Local Rules to which both the United States and the State of Idaho have adhered. IT IS THEREFORE ORDERED that the Legislature's Motion for Leave to File Legal Arguments 69 is DENIED. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 17, 2022	Aug. 17, 2022 PACER
76	DOCKET ENTRY ORDER: The American Center for Law & Justice's 74 Motion for Leave to file Amicus Brief in Support of Defendant's Response to Plaintiff's Motion for Preliminary Injunction is GRANTED. The ACLJ is directed to formally file its [74-1] Proposed Brief. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 17, 2022	Aug. 17, 2022 PACER
77	MOTION for Extension of Time to File Answer or Otherwise Respond (unopposed) Brian V Church appearing for Defendant State of Idaho. Responses due by 9/7/2022 (Attachments: # 1 Memorandum in Support)(Church, Brian)	Aug. 17, 2022	Aug. 17, 2022 PACER
78	DOCKET ENTRY ORDER GRANTING Motion for Extension of Time to Answer or Otherwise Respond (Dkt. 77 ). The State of Idaho shall answer or other respond by September 23, 2022. Signed by Judge B Lynn Winmill. (hgp)	Aug. 17, 2022	Aug. 17, 2022 PACER
79	Minute Entry for proceedings held before Judge B Lynn Winmill: An informal Video Status Conference was held on 8/18/2022. (Court Reporter/ESR Not recorded.) Hearing Not Recorded. (jlg)	Aug. 18, 2022	Aug. 18, 2022 RECAP
80	MEMORANDUM/BRIEF re 76 Order on Motion to File Amicus Brief, 74 MOTION to File Amicus Brief filed by American Center for Law & Justice Amicus Brief in Support of Defendant's Response. (Summers, Olivia)	Aug. 18, 2022	Aug. 18, 2022 RECAP
81	MOTION FOR PRO HAC VICE APPEARANCE by Thomas M. Fisher. ( Filing fee $ 250 receipt number AIDDC-2437960.)Thomas Molnar Fisher appearing for Amicus State of Indiana. Responses due by 9/8/2022 (Fisher, Thomas)	Aug. 18, 2022	Aug. 18, 2022 PACER
82	MOTION FOR PRO HAC VICE APPEARANCE by Maher Mahmood. ( Filing fee $ 250 receipt number AIDDC-2438637.)Maher Mahmood appearing for Amicus Parties American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association,, American Public Health Association, Idaho Chapter of the American College of Emergency Physicians, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine. Responses due by 9/9/2022 (Mahmood, Maher)	Aug. 19, 2022	Aug. 19, 2022 PACER
83	DOCKET ENTRY ORDER approving 81 Motion for Pro Hac Vice Appearance of attorney Thomas Molnar Fisher for State of Indiana Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 19, 2022	Aug. 19, 2022 PACER
84	DOCKET ENTRY ORDER approving 82 Motion for Pro Hac Vice Appearance of attorney Maher Mahmood for American Academy of Family Physicians,Maher Mahmood for American Academy of Pediatrics,Maher Mahmood for American College of Emergency Physicians,Maher Mahmood for American College of Obstetricians and Gynecologists,Maher Mahmood for American Medical Association,,Maher Mahmood for American Public Health Association,Maher Mahmood for Idaho Chapter of the American College of Emergency Physicians,Maher Mahmood for National Hispanic Medical Association,Maher Mahmood for National Medical Association,Maher Mahmood for Society for Maternal-Fetal Medicine Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)	Aug. 19, 2022	Aug. 19, 2022 PACER
85	AMENDED DOCUMENT by State of Indiana. Application for Admission Pro Hac Vice on behalf of States of Indiana, Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. (Fisher, Thomas)	Aug. 19, 2022	Aug. 19, 2022 PACER
86	REPLY to Response to Motion re 17 MOTION for Preliminary Injunction filed by United States of America.Motion Ripe Deadline set for 8/22/2022. (Attachments: # 1 Exhibit List, # 2 Ex. H, Supplemental Fleisher Declaration, # 3 Ex. I, Supplemental Corrigan Declaration, # 4 Ex. J, Huntsberger Declaration, # 5 Ex. K, Supplemental Cooper Declaration, # 6 Ex. L)(Newman, Lisa) 1 Exhibit List View on PACER 2 Ex. H, Supplemental Fleisher Declaration View on PACER 3 Ex. I, Supplemental Corrigan Declaration View on PACER 4 Ex. J, Huntsberger Declaration View on PACER 5 Ex. K, Supplemental Cooper Declaration View on PACER 6 Ex. L View on PACER	Aug. 19, 2022	Aug. 19, 2022 RECAP
87	MOTION for Leave to File Brief of Indiana and 16 Other States as Amici Curiae in Support of Defendant Thomas Molnar Fisher appearing for Amicus State of Indiana. Responses due by 9/9/2022 (Attachments: # 1 Exhibit Text of Proposed Order, # 2 Memorandum in Support)(Fisher, Thomas) 1 Exhibit Text of Proposed Order View on RECAP 2 Memorandum in Support View on RECAP	Aug. 19, 2022	Aug. 19, 2022 RECAP
88	DOCKET ENTRY NOTICE OF HEARING regarding 17 MOTION for Preliminary Injunction: A Motion Hearing is set for 8/22/2022 at 9:00 AM in Boise - Courtroom 2 before Judge B Lynn Winmill. Members of the public may attend the hearing remotely. Remote access will be audio only - there will not be video. To access an audio feed from the hearing, members of the public may call this number: 208-684-0990. Then, when they are prompted for the conference ID, they should enter 238 965 497#.(jlg)	Aug. 19, 2022	Aug. 19, 2022 PACER
89	DOCKET ENTRY ORDER: 87 Unopposed Motion for Leave to File Brief of Indiana and 16 Other States as Amici Curiae in Support of Defendant is GRANTED. Amici are directed to file their [87-2] Proposed Brief. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jsv)	Aug. 19, 2022	Aug. 19, 2022 PACER
90	MEMORANDUM/BRIEF re 89 Order on Motion for Leave to File, filed by State of Alabama, State of Arkansas, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, State of Nebraska. (Fisher, Thomas)	Aug. 19, 2022	Aug. 19, 2022 PACER
91	NOTICE by State of Idaho Notice of Appearance Special Deputy Attorney General Clay R. Smith (Church, Brian)	Aug. 19, 2022	Aug. 19, 2022 RECAP
92	Minute Entry for proceedings held before Judge B Lynn Winmill: A Motion Hearing was held on 8/22/2022 re 17 MOTION for Preliminary Injunction filed by United States of America. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlg)	Aug. 22, 2022	Aug. 22, 2022 RECAP
93	RESPONSE filed by Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature Objection to Proposed Order [Dkt. 17-2]. (Attachments: # 1 Exhibit 1 Proposed Fall-Back Order - redline, # 2 Exhibit 2 Proposed Fall-Back Order - clean, # 3 Exhibit 3 EMTALA)(Bower, Daniel) 1 Exhibit 1 Proposed Fall-Back Order - redline View on RECAP 2 Exhibit 2 Proposed Fall-Back Order - clean View on RECAP 3 Exhibit 3 EMTALA View on PACER	Aug. 22, 2022	Aug. 22, 2022 RECAP
94	NOTICE by State of Idaho of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A - U.S. District Court for Northern District of Texas Decision)(Church, Brian) 1 Exhibit Exhibit A - U.S. District Court for Northern District of Texas Decision View on RECAP	Aug. 24, 2022	Aug. 24, 2022 RECAP
95	MEMORANDUM DECISION AND ORDER. IT IS ORDERED that: Plaintiff's motion for a preliminary injunction (Dkt. 17 ) is GRANTED. This preliminary injunction is effective immediately and shall remain in full force and effect through the date on which judgment is entered in this case. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)	Aug. 24, 2022	Aug. 24, 2022 Clearinghouse
96	Notice of Filing of Official Transcript of Proceedings held on 8/22/22 before Judge B. Lynn Winmill. Court Reporter Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 92 Motion Hearing. Redaction Request due 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (th)	Aug. 25, 2022	Aug. 25, 2022 PACER
97	MOTION for Reconsideration re 95 Order on Motion for Preliminary Injunction, Daniel W. Bower appearing for Intervenor Defendant Speaker of the Idaho House of Representatives Scott Bedke, Idaho Senate President Pro Tempore Chuck Winder, and the Sixty-Sixth Idaho Legislature. Responses due by 9/28/2022 (Attachments: # 1 Memorandum in Support)(Bower, Daniel) 1 Memorandum in Support View on RECAP	Sept. 7, 2022	Sept. 7, 2022 RECAP
98	NOTICE by United States of America of Factual Clarification (Attachments: # 1 Affidavit of Dr. Fleisher (Second Supplemental))(Schwei, Daniel) 1 Affidavit of Dr. Fleisher (Second Supplemental) View on PACER	Sept. 15, 2022	Sept. 15, 2022 RECAP