Case: Idaho Federation of Teachers v. Labrador

1:23-cv-00353 | U.S. District Court for the District of Idaho

Filed Date: Aug. 8, 2023

Closed Date: July 2, 2024

Clearinghouse coding complete

Case Summary

This case is about Idaho’s No Public Funds for Abortion Act (“NPFAA”), which criminalized the use of public funds to “promote abortion” or “counsel in favor of abortion.” On August 8, 2023, two unions – the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers – and six university professors filed this lawsuit in the U.S. District Court of Idaho. Plaintiffs, represented by the ACLU, the ACLU of Idaho, and private counsel,…

This case is about Idaho’s No Public Funds for Abortion Act (“NPFAA”), which criminalized the use of public funds to “promote abortion” or “counsel in favor of abortion.”

On August 8, 2023, two unions – the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers – and six university professors filed this lawsuit in the U.S. District Court of Idaho. Plaintiffs, represented by the ACLU, the ACLU of Idaho, and private counsel, sued the state Attorney General, the Ada County Prosecuting Attorney, the Bannock County Prosecuting Attorney, and the Latah County Prosecuting Attorney.

Plaintiffs alleged that by restricting faculty’s academic speech at Idaho public universities the NPFAA violated the First Amendment. They also alleged that the statute was unconstitutionally vague under the Fourteenth Amendment, as the line between permissible speech and speech that “promotes” or “counsels in favor of” abortion is unclear. Plaintiffs sought preliminary and permanent injunctive relief that would restrain Defendants from enforcing the NPFAA, as well as a declaration that the NPFAA is unconstitutional under the First and Fourteenth Amendments and reasonable attorneys fees. The case was assigned to Judge David C. Nye. 

On September 15, 2023, in response to a request from a member of the state House of Representatives for clarification regarding how the NFPAA applies to Idaho professors and educators, the Attorney General issued an opinion letter. In the letter, the Attorney General explained that academic speech regarding, and even in favor of, abortion, does not fall under the NFPAA and so would not be prosecuted. 

On October 26, defendant Ada County Prosecuting Attorney filed a motion to dismiss for lack of jurisdiction. On November 2, the Attorney General and the Prosecuting Attorneys of Bannock County and Latah County filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. A hearing on the motions was held on April 9, 2024.

On July 2, 2024, Judge Ny granted the Attorney General’s motion to dismiss, denied the Ada County Prosecuting Attorney’s motion to dismiss, and denied plaintiffs’ motion for preliminary injunction. Judge Nye held that plaintiffs lacked standing to sue on either of their claims. In his reasoning, Judge Nye found that the Attorney General of Idaho assurances that it would not prosecute plaintiffs for the speech at issue in this case – given in the opinion letter, in briefing and in oral argument – served as a disavowal of prosecution. Accordingly, considering two different tests to establish sufficient injury for standing, the court held that plaintiffs did not have a substantial fear of harm and that defendants had not communicated any warning or threat of prosecution. Considering plaintiffs’ argument that the statute was unconstitutionally vague, Judge Nye held that, while the language itself was unclear, the enforcement body had told plaintiffs how it interpreted and would enforce the statute, and that the conduct at issue in this case was not included.  

While the case was dismissed, Judge Nye emphasized that the dismissal was a procedural ruling, not a ruling on the constitutionality of the statute. 

The case is now closed. 

Summary Authors

Avery Coombe (10/16/2023)

Avery Coombe (12/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67674215/parties/idaho-federation-of-teachers-v-labradoret-al/


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Documents in the Clearinghouse

Document
1

1:23-cv-00353

Complaint

Aug. 8, 2023

Aug. 8, 2023

Complaint
62

1:23-cv-00353

Memorandum Decision and Order

July 2, 2024

July 2, 2024

Order/Opinion

2024 WL 3276835

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67674215/idaho-federation-of-teachers-v-labradoret-al/

Last updated Dec. 21, 2024, 7:44 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BIDDC-2609984.), filed by All Plaintiffs. (Attachments: # 1 eFile Cover Sheet, # 2 Summons for Raul Labrador, # 3 Summons for Jan M. Bennetts, # 4 Summons for Stephen F. Herzog, # 5 Summons for Bill Thompson)(Birch, Erika)

1 eFile Cover Sheet

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2 Summons for Raul Labrador

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3 Summons for Jan M. Bennetts

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4 Summons for Stephen F. Herzog

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5 Summons for Bill Thompson

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Aug. 8, 2023

Aug. 8, 2023

Clearinghouse

Corrective Entry

Aug. 8, 2023

Aug. 8, 2023

PACER
2

MOTION for Preliminary Injunction Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Attachments: # 1 Memorandum in Support of Motion, # 2 Affidavit of Attorney Scarlet Kim, # 3 Exhibit 1 to Kim Declaration, # 4 Exhibit 2 to Kim Declaration, # 5 Exhibit 3 to Kim Declaration, # 6 Exhibit 4 to Kim Declaration, # 7 Exhibit 5 to Kim Declaration, # 8 Exhibit 6 to Kim Declaration, # 9 Exhibit 7 to Kim Declaration, # 10 Exhibit 8 to Kim Declaration, # 11 Exhibit 9 to Kim Declaration, # 12 Affidavit of Martin Orr, President of the Idaho Federation of Teachers ("State Federation"), # 13 Exhibit A to Orr Declaration, # 14 Affidavit of Luigi Boschetti, Former President of the University of Idaho Faculty Federation, Local 3215, # 15 Exhibit A to Boschetti Declaration, # 16 Affidavit of Aleta Quinn, # 17 Exhibit A to Quinn Declaration, # 18 Exhibit B to Quinn Declaration, # 19 Exhibit C to Quinn Declaration, # 20 Exhibit D to Quinn Declaration, # 21 Exhibit E to Quinn Declaration, # 22 Exhibit F to Quinn Declaration, # 23 Exhibit G to Quinn Declaration, # 24 Affidavit of Casey Johnson, # 25 Exhibit A to Johnson Declaration, # 26 Exhibit B to Johnson Declaration, # 27 Exhibit C to Johnson Declaration, # 28 Affidavit of Markie McBrayer, # 29 Exhibit A to McBrayer Declaration, # 30 Exhibit B to McBrayer Declaration, # 31 Affidavit of Zachary Turpin, # 32 Exhibit A to Turpin Declaration, # 33 Affidavit of Kathryn Blevins, # 34 Exhibit A to Blevins Declaration, # 35 Affidavit of Heather Witt, # 36 Exhibit A to Witt Declaration)(Birch, Erika)

1 Memorandum in Support of Motion

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2 Affidavit of Attorney Scarlet Kim

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3 Exhibit 1 to Kim Declaration

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4 Exhibit 2 to Kim Declaration

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5 Exhibit 3 to Kim Declaration

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6 Exhibit 4 to Kim Declaration

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7 Exhibit 5 to Kim Declaration

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8 Exhibit 6 to Kim Declaration

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9 Exhibit 7 to Kim Declaration

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10 Exhibit 8 to Kim Declaration

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11 Exhibit 9 to Kim Declaration

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12 Affidavit of Martin Orr, President of the Idaho Federation of Teachers ("St

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13 Exhibit A to Orr Declaration

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14 Affidavit of Luigi Boschetti, Former President of the University of Idaho Facult

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15 Exhibit A to Boschetti Declaration

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16 Affidavit of Aleta Quinn

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17 Exhibit A to Quinn Declaration

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18 Exhibit B to Quinn Declaration

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19 Exhibit C to Quinn Declaration

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20 Exhibit D to Quinn Declaration

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21 Exhibit E to Quinn Declaration

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22 Exhibit F to Quinn Declaration

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23 Exhibit G to Quinn Declaration

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24 Affidavit of Casey Johnson

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25 Exhibit A to Johnson Declaration

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26 Exhibit B to Johnson Declaration

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27 Exhibit C to Johnson Declaration

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28 Affidavit of Markie McBrayer

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29 Exhibit A to McBrayer Declaration

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30 Exhibit B to McBrayer Declaration

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31 Affidavit of Zachary Turpin

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32 Exhibit A to Turpin Declaration

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33 Affidavit of Kathryn Blevins

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34 Exhibit A to Blevins Declaration

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35 Affidavit of Heather Witt

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36 Exhibit A to Witt Declaration

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Aug. 8, 2023

Aug. 8, 2023

PACER
3

MOTION FOR PRO HAC VICE APPEARANCE by Scarlet Kim. ( Filing fee $ 250 receipt number AIDDC-2610070.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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4

MOTION FOR PRO HAC VICE APPEARANCE by Andrew Beck. ( Filing fee $ 250 receipt number AIDDC-2610075.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Gyori. ( Filing fee $ 250 receipt number AIDDC-2610082.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Seth Kreimer. ( Filing fee $ 250 receipt number AIDDC-2610092.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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DISREGARD - MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika) Modified on 8/8/2023, see corrective entry(jd).

Aug. 8, 2023

Aug. 8, 2023

RECAP

CORRECTIVE ENTRY - The entry docket number 7 MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.) is not signed. The filing party shall re-submit their correct filing.(jd)

Aug. 8, 2023

Aug. 8, 2023

PACER
8

AMENDED DOCUMENT by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Amendment to 7 MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.) . (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Amanda Barnett. ( Filing fee $ 250 receipt number AIDDC-2610167.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Danielle Conley. ( Filing fee $ 250 receipt number AIDDC-2610175.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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11

MOTION FOR PRO HAC VICE APPEARANCE by Samir Deger-Sen. ( Filing fee $ 250 receipt number AIDDC-2610186.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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12

MOTION FOR PRO HAC VICE APPEARANCE by Cherish A. Drain. ( Filing fee $ 250 receipt number AIDDC-2610195.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Marissa Marandola. ( Filing fee $ 250 receipt number AIDDC-2610207.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Peter Trombly. ( Filing fee $ 250 receipt number AIDDC-2610212.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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15

MOTION FOR PRO HAC VICE APPEARANCE by Emily True. ( Filing fee $ 250 receipt number AIDDC-2610222.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Margaret A. Upshaw. ( Filing fee $ 250 receipt number AIDDC-2610240.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)

Aug. 8, 2023

Aug. 8, 2023

RECAP
17

DOCKET ENTRY ORDER approving dkt. 3, 4, 5, 6, 9, and 10 Motion for Pro Hac Vice Appearance of the following attorney's; Scarlet Kim, Andrew Beck, Elizabeth Gyori, Seth Kreimer, Amanda Barnett, and Danielle Conley for Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, and Heather Witt. 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 (ac) (Entered: 08/09/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
18

DOCKET ENTRY ORDER approving dkt. 7 and dkt. 11 Motion for Pro Hac Vice Appearance of attorney Margaret Babad, and Samir Deger-Sen for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, and Heather Witt. 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 (ac) (Entered: 08/09/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
19

DOCKET ENTRY ORDER approving dkt. 12, dkt. 13 Motion for Pro Hac Vice Appearance of attorney; Cherish A. Drain, and Marissa Marandola for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin,University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt 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 (ac) (Entered: 08/09/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
20

DOCKET ENTRY ORDER approving dkt. 14, dkt. 15 and dkt. 16 Motion for Pro Hac Vice Appearance for attorney's Peter Trombly,Emily True,Margaret Allison Upshaw for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt. 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 (ac) (Entered: 08/09/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
21

Summons Issued as to Jan M. Bennetts, Stephen F Herzog, Raul Labrador, Bill Thompson. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(ac)

1 Summons

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2 Summons

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3 Summons

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Aug. 9, 2023

Aug. 9, 2023

PACER
22

NOTICE of Appearance by Brian V Church on behalf of Stephen F Herzog, Raul Labrador, Bill Thompson (Church, Brian)

Aug. 16, 2023

Aug. 16, 2023

RECAP
23

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction ( Responses due by 9/6/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Church, Brian)

Aug. 16, 2023

Aug. 16, 2023

RECAP
24

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Kathryn Blevins, Stephen F Herzog, Idaho Federation of Teachers, Casey Johnson, Raul Labrador, Markie McBrayer, Aleta Quinn, Bill Thompson, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt re. dkt 22 Notice of Appearance, dkt. 1 Complaint. Consent/Objection to Magistrate due by 10/16/2023. (ac) (Entered: 08/17/2023)

Aug. 16, 2023

Aug. 16, 2023

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25

MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Dayton Patrick Reed appearing for Defendant Jan M. Bennetts. Responses due by 9/11/2023 (Reed, Dayton)

Aug. 21, 2023

Aug. 21, 2023

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26

ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Unopposed Motion for Extension of Time (Dkt. 23 ) is GRANTED. Defendants Labrador, Thompson, and Herzog shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before September 14, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/22/2023)

Aug. 21, 2023

Aug. 21, 2023

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27

ORDER GRANTING PROSECUTOR BENNETTS' UNOPPOSED MOTION FOR EXTENSION OF TIME (DKT. 25 ) - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Aug. 22, 2023

Aug. 22, 2023

RECAP

Set Motion and R&R Deadlines/Hearings

Aug. 22, 2023

Aug. 22, 2023

PACER

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Responses due by 9/14/2023. (jd)

Aug. 22, 2023

Aug. 22, 2023

PACER
28

SUMMONS Returned Executed by Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Casey Johnson, Markie McBrayer, Heather Witt, Idaho Federation of Teachers, Kathryn Blevins, Aleta Quinn. Jan M. Bennetts served on 8/10/2023, answer due 9/14/2023; Stephen F Herzog served on 8/15/2023, answer due 9/14/2023; Raul Labrador served on 8/10/2023, answer due 9/14/2023. (Attachments: # 1 Summons Returned Executed, Herzog, # 2 Summons Returned Executed, Bennetts)(Birch, Erika)

1 Summons Returned Executed, Herzog

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2 Summons Returned Executed, Bennetts

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Aug. 24, 2023

Aug. 24, 2023

PACER
29

SUMMONS Returned Executed by Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Casey Johnson, Markie McBrayer, Heather Witt, Idaho Federation of Teachers, Kathryn Blevins, Aleta Quinn. Bill Thompson served on 8/15/2023, answer due 9/14/2023. (Birch, Erika)

Aug. 28, 2023

Aug. 28, 2023

PACER
30

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction ( Responses due by 10/3/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Church, Brian)

Sept. 12, 2023

Sept. 12, 2023

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31

ORDER GRANTING DEFENDANTS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Second Unopposed Motion for Extension of Time (Dkt. 30 ) is GRANTED. Defendants shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before September 28, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Sept. 14, 2023

Sept. 14, 2023

PACER
32

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Jan M. Bennetts re 25 MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction. Consent/Objection to Magistrate due by 11/13/2023. (ac)

Sept. 14, 2023

Sept. 14, 2023

PACER
33

Consent MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 10/16/2023 (Church, Brian)

Sept. 25, 2023

Sept. 25, 2023

PACER
34

ORDER GRANTING DEFENDANTS' THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Second Unopposed Motion for Extension of Time (Dkt. 33 ) is GRANTED. Defendants shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before October 12, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Sept. 26, 2023

Sept. 26, 2023

PACER
35

Consent MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 11/2/2023 (Church, Brian)

Oct. 12, 2023

Oct. 12, 2023

PACER
36

DOCKET ENTRY ORDER. Before the Court is Defendants' Fourth Unopposed Motion for Extension. Dkt. 35 . Good cause appearing, the same is GRANTED. Defendants shall answer or otherwise respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before October 26, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

Oct. 12, 2023

Oct. 12, 2023

PACER
37

The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jd)

Oct. 18, 2023

Oct. 18, 2023

PACER
38

MOTION to Dismiss for Lack of Jurisdiction Dayton Patrick Reed appearing for Defendant Jan M. Bennetts. Responses due by 11/16/2023 (Attachments: # 1 Memorandum in Support)(Reed, Dayton)

1 Memorandum in Support

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Oct. 26, 2023

Oct. 26, 2023

RECAP
39

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Jan M. Bennetts. Replies due by 11/9/2023.(Reed, Dayton)

Oct. 26, 2023

Oct. 26, 2023

RECAP
40

Consent MOTION for Extension of Time to File Answer re: 1 complaint, 2 Motion for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 11/16/2023 (Church, Brian)

Oct. 26, 2023

Oct. 26, 2023

PACER
41

DOCKET ENTRY ORDER. Before the Court is (certain) Defendants' Fifth Unopposed Motion for Extension. Dkt. 40 . Good cause appearing, the same is GRANTED. Those Defendants shall answer or otherwise respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before November 2, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

Oct. 27, 2023

Oct. 27, 2023

PACER
42

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Stephen F Herzog, Raul Labrador, Bill Thompson. Replies due by 11/16/2023. (Attachments: # 1 Declaration of Counsel, # 2 Exhibit A)(Church, Brian)

Nov. 2, 2023

Nov. 2, 2023

PACER
43

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/24/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Counsel, # 3 Exhibit A)(Church, Brian)

1 Memorandum in Support

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2 Declaration of Counsel

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3 Exhibit A

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Nov. 2, 2023

Nov. 2, 2023

PACER
44

MOTION FOR PRO HAC VICE APPEARANCE by Vera Eidelman. ( Filing fee $ 250 receipt number AIDDC-2657310.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 11/28/2023 (Birch, Erika)

Nov. 7, 2023

Nov. 7, 2023

PACER
46

DOCKET ENTRY ORDER approving dkt. 44 Motion for Pro Hac Vice Appearance of attorney Vera Eidelman for Kathryn Blevins, Idaho Federation of Teachers,Casey Johnson, Markie McBrayer, Aleta Quinn,Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt 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 (ac) (Entered: 11/08/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
45

Consent MOTION for Extension of Time to File Response/Reply as to 39 Response to Motion Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 11/29/2023 (Birch, Erika)

Nov. 8, 2023

Nov. 8, 2023

PACER
47

ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 11/14/2023)

Nov. 9, 2023

Nov. 9, 2023

RECAP
48

Joint MOTION for Extension of Time to File Response/Reply as to 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 42 Memorandum in Opposition to Motion Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 12/6/2023 (Birch, Erika)

Nov. 15, 2023

Nov. 15, 2023

PACER
49

ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME - Pursuant to the Parties' Joint Motion for Extension of Time (Dkt. 48 ), the Court hereby ORDERS that the deadline for Plaintiffs' reply in support of their Motion for Preliminary Injunction and Plaintiffs' opposition to Defendants' Motion to Dismiss is extended to December 8, 2023, and the deadline for Defendants' reply in support of their Motion to Dismiss is moved to January 5, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Nov. 15, 2023

Nov. 15, 2023

PACER

Set/Reset Deadlines as to dkt. 43 ; Replies due by 1/5/2024. (ac)

Nov. 15, 2023

Nov. 15, 2023

PACER
50

RESPONSE to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction REPLY filed by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Replies due by 11/30/2023.(Birch, Erika)

Nov. 16, 2023

Nov. 16, 2023

RECAP
51

REPLY to Response to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Jan M. Bennetts.Motion Ripe Deadline set for 12/1/2023.(Reed, Dayton)

Nov. 30, 2023

Nov. 30, 2023

PACER
52

RESPONSE to Motion re 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction REPLY filed by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Replies due by 12/22/2023.(Birch, Erika)

Dec. 8, 2023

Dec. 8, 2023

RECAP
53

REPLY to Response to Motion re 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Stephen F Herzog, Raul Labrador, Bill Thompson.Motion Ripe Deadline set for 1/8/2024.(Church, Brian)

Jan. 5, 2024

Jan. 5, 2024

PACER
54

NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt of Firm Name Change (Birch, Erika)

Jan. 18, 2024

Jan. 18, 2024

PACER
55

DOCKET ENTRY NOTICE of Hearing on Motion 38 MOTION to Dismiss for Lack of Jurisdiction, 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction : Motion Hearing set for 4/9/2024 at 09:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (pr)

Jan. 25, 2024

Jan. 25, 2024

PACER
56

NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt of Withdrawal of Counsel (Birch, Erika)

Feb. 13, 2024

Feb. 13, 2024

PACER
57

NOTICE of Appearance by Paul Carlos Southwick on behalf of All Plaintiffs (Southwick, Paul)

April 3, 2024

April 3, 2024

PACER
58

NOTICE by Stephen F Herzog, Raul Labrador, Bill Thompson of Supplemental Authority (Attachments: # 1 Exhibit A - Peace Ranch, LLC v. Bonta decision, # 2 Exhibit B - Peace Ranch, LLC v. Bonta mandate)(Church, Brian)

April 4, 2024

April 4, 2024

PACER
59

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 4/9/2024 re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Jan M. Bennetts, 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Raul Labrador, Stephen F Herzog, Bill Thompson, 2 MOTION for Preliminary Injunction filed by Heather Witt, Casey Johnson, Idaho Federation of Teachers, Markie McBrayer, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Aleta Quinn, Kathryn Blevins. Matter taken under advisement with a decision to be forthcoming. (Court Reporter/Anne Bowline.) (jm)

April 9, 2024

April 9, 2024

PACER
60

NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt Notice of Withdrawal (Flores-Brewer, Dina)

April 18, 2024

April 18, 2024

PACER
61

Notice of Filing of Official Transcript of Motions Hearing Proceedings held on 4/9/2024 before Judge David C. Nye. Court Reporter Anne Bowline, Email Anne_Bowline@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. Redaction Request due 5/22/2024. Redacted Transcript Deadline set for 6/3/2024. Release of Transcript Restriction set for 7/30/2024. (amb)

May 1, 2024

May 1, 2024

PACER
62

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED: Plaintiffs' Motion for Preliminary Injunction (Dkt. 2 ) is DENIED. Defendant Bennetts' Motion to Dismiss (Dkt. 38 ) is DENIED. AG Labrador's Motion to Dismiss (Dkt. 43 ) is GR ANTED. This case is DISMISSED and CLOSED. The Court will enter a separate judgment in accordance with Federal Rule of Civil Procedure 58. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

July 2, 2024

July 2, 2024

Clearinghouse
63

JUDGMENT - In accordance with the Court's memorandum decision and order entered concurrently herewith, judgment is hereby entered in favor of Defendants and this case is CLOSED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

July 2, 2024

July 2, 2024

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Speech and Religious Freedom

Education

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Aug. 8, 2023

Closing Date: July 2, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two teachers’ unions — the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers — and six university professors, who teach public universities in Idaho. Plaintiffs teach about abortion across a variety of disciplines.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho Attorney General, State

Prosecuting Attorney (Ada), County

Prosecuting Attorney (Bannock), County

Prosecuting Attorney (Latah), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Funding

Reproductive rights:

Abortion