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`D.C. No. 1:22-cv-00329-BLW
`District of Idaho,
`Boise
`
`
`ORDER
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` Plaintiff-Appellee,
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` Defendant,
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`UNITED STATES OF AMERICA,
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`
`
` v.
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`STATE OF IDAHO,
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`
`
` v.
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`
`MIKE MOYLE, Speaker of the Idaho House
`of Representatives; CHUCK WINDER,
`President Pro Tempore of the Idaho Senate;
`THE SIXTY-SEVENTH IDAHO
`LEGISLATURE, Proposed Intervenor-
`Defendants,
`
`
`
`Case: 23-35440, 11/13/2023, ID: 12823061, DktEntry: 73, Page 1 of 2
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`UNITED STATES COURT OF APPEALS
`
`FOR THE NINTH CIRCUIT
`
`
`FILED
`
`
`NOV 13 2023
`
`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
`Nos. 23-35440, 23-35450
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`
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` Movants-Appellants.
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`
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`Before: MURGUIA, Chief Judge, and GOULD, CALLAHAN, M. SMITH,
`OWENS, MILLER, BRESS, FORREST, VANDYKE, KOH and MENDOZA,
`Circuit Judges.
`
`
`The Idaho Legislature’s motion to stay the district court’s injunction pending
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`appeal (Dkt. 31) is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009). The
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`district court’s injunction therefore remains in effect. Further, we deny the Idaho
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`Legislature’s Emergency Motion Under Circuit Rule 27-3 (Dkt. 71) as moot.
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`Case: 23-35440, 11/13/2023, ID: 12823061, DktEntry: 73, Page 2 of 2
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`The en banc court will proceed to consider the merits of this preliminary
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`injunction appeal. Absent further order of the Court, no additional briefing is
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`required.
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`En banc oral argument will take place during the week of January 22, 2024,
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`in Pasadena, California. The date and time will be determined by separate order.
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`For further information or special requests regarding scheduling, please contact
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`Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or
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`(206) 224-2236.
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`
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`Within seven days from the date of this order, the parties shall forward to the
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`Clerk of Court eighteen additional paper copies of the original briefs and ten
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`additional paper copies of the excerpts of record. The paper copies must be
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`accompanied by certification (attached to the end of each copy of the brief) that the
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`brief is identical to the version submitted electronically. The Form 18 certificate is
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`available on the Court’s website at http://www.ca9.uscourts.gov/forms/.
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`Judges Callahan, Miller, Bress, and VanDyke respectfully dissent from the
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`order denying Idaho’s motion to stay the district court’s injunction pending appeal
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`and would have granted the stay for substantially the reasons set forth in the
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`original three-judge motions panel order. See United States v. Idaho, 83 F.4th
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`1130 (9th Cir. 2023).
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`
`2
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