Newsom, et al. v. Trump, et al.
| STATE OF CALIFORNIA and GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, In his official capacity as Governor of the State of California |
| DONALD J. TRUMP, in his official capacity as President of the United States, PETER HEGSETH, in his official capacity as Secretary of the Department of Defense and UNITED STATES DEPARTMENT OF DEFENSE |
| CALIFORNIA STATE LEGISLATURE, BIPARTISAN FORMER GOVERNORS, CITY AND COUNTY OF SAN FRANCISCO, MARTIN AKERMAN, CALIFORNIA UNITY BAR ASSOCIATION, FRED T. KOREMATSU CENTER FOR LAW AND EQUALITY, FORMER U.S. ARMY AND NAVY SECRETARIES AND RETIRED FOUR-STAR ADMIRALS AND GENERALS, CITY OF LOS ANGELES, STATE OF WASHINGTON, DAVID A. CARRILLO, BRANDON VERNON STRACENER, SR. RESEARCH FELLOW, VET VOICE FOUNDATION, BLUE EAGLE COALITION, RETIRED SENIOR MILITARY OFFICERS, THE CHAMBERLAIN NETWORK, MILITARY VETERANS, CONSTITUTIONAL ACCOUNTABILITY CENTER, INTERFAITH ALLIANCE, MARK A. GRABER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA, AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA, AMERICAN CIVIL LIBERTIES UNION OF SAN DIEGO AND IMPERIAL COUNTIES, KNIGHT FIRST AMENDMENT INSTITUTE - COLUMBIA UNIVERSITY, THE RUTHERFORD INSTITUTE, 21 SITTING MEMBERS OF THE UNITED STATES SENATE, NATIONAL SECURITY LEADERS FOR AMERICA, LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LEADERS, IN NEWSOM V. TRUMP and NEAL GOLDFARB |
| 25-3727 |
| June 12, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
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| NEWSOM, ET AL. V. TRUMP, ET AL. |
 NEWSOM, ET AL. V. TRUMP, ET AL.
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NEWSOM, ET AL. V. TRUMP, ET AL.
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Docket Report
RSS Track this Docket
This docket was last retrieved on November 13, 2025. A more recent docket listing may be available from PACER.
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Filing 148
On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/13/2025 05:46 PM]
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Filing 146
TERMINATED participation of Counsel for Appellant Anna O. Mohan, representing Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 10/31/2025 12:12 PM]
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Filing 145
TEXT CLERK ORDER. The motion of Anna Mohan to withdraw as counsel for the government, is granted. [Entered: 10/31/2025 12:10 PM]
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Filing 144
MOTION to Withdraw as Counsel filed by Anna O. Mohan for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 10/31/2025 06:23 AM]
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Filing 143
ORDER FILED. Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG Plaintiffs-Appellees filed the present Motion for Injunctive Relief because the district court has concluded that it lacks jurisdiction over requests for renewed injunctive relief while the appeal before this Court remains pending. It is true that the pending interlocutory appeal divests the district court of its control over those aspects of the case involved in the appeal. Coinbase, Inc. v. Bielski, 599 U.S. 736, 740 (2023) (quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)). But an appeal from an interlocutory order does not stay the proceedings, as it is firmly established that an appeal from an interlocutory order does not divest the trial court of jurisdiction to continue with other phases of the case. Plotkin v. Pac. Tel. & Tel. Co., 688 F.2d 1291, 1293 (9th Cir. 1982). Thus, the district court retains jurisdiction to address aspects of the case that are not the subject of the appeal. United States v. Pitner, 307 F.3d 1178, 1183 n.5 (9th Cir. 2002). Plaintiffs challenge to Secretary Hegseths August 5 order extending the California National Guards federalization through November 5 is not the subject of this appeal. Nor is it the subject of the appeal in case number 25-5553. The district court therefore has jurisdiction over Plaintiffs challenge to the August 5 extension order. Accordingly, the Motion for Injunctive Relief (Dkt. No. 126) is DENIED as unnecessary. [Entered: 10/29/2025 09:23 AM]
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Filing 147
UPDATED ORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG) Update: attached reformatted order with webcite. [Entered: 11/04/2025 09:26 AM]
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Filing 142
ORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG) A judge of this court sua sponte requested a vote on whether to rehear this case en banc. A vote was taken, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 40. Rehearing en banc is DENIED. Judge Berzons statement regarding the denial of rehearing en banc and Judge Goulds dissent from the denial of rehearing en banc are filed concurrently herewith. [SEE ORDER FOR FULL TEXT]. [Entered: 10/22/2025 05:48 PM]
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Filing 141
ARGUED AND SUBMITTED to Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 10/22/2025 12:44 PM]
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Filing 140
CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 10/21/2025 08:24 AM]
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Filing 139
REPLY to Response to Motion for Injunctive Relief (DE 137) filed by Appellee Gavin Newsom, Appellee State of California. [COURT ENTERED FILING to correct DE 138.] [Entered: 10/21/2025 07:55 AM]
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Filing 138
DEFECTIVE---SUPPLEMENT to Motion for Injunctive Relief (DE 126) filed by Appellee Gavin Newsom, Appellee State of California. [Wrong filing type used, correct entry is DE 139.] [Entered: 10/20/2025 05:06 PM] [Edited: 10/21/2025 07:56 AM]
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Filing 137
RESPONSE to Motion for Injunctive Relief (DE 126) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Court entered filing to correct DE 136] [Entered: 10/17/2025 02:55 PM]
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Filing 136
DEFECTIVE --- MOTION for Injunctive Relief filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Wrong filing type used, corrected in DE 137] [Entered: 10/17/2025 02:46 PM] [Edited: 10/17/2025 02:57 PM]
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Filing 135
ADDED Counsel for Amicus Curiae - Pending Christine Patricia Sun [Entered: 10/17/2025 10:57 AM]
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Filing 134
NOTICE OF APPEARANCE by Christine Patricia Sun for Amicus Curiae - Pending Retired Senior Military Officers, Amicus Curiae - Pending Vet Voice Foundation. [Entered: 10/17/2025 08:18 AM]
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Filing 133
NOTICE OF APPEARANCE by Maithreyi Ratakonda for Amicus Curiae - Pending Retired Senior Military Officers, Amicus Curiae - Pending Vet Voice Foundation. [Entered: 10/17/2025 07:55 AM]
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Filing 132
RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 130) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[COURT ENTERED-Filing from DE#131] [Entered: 10/16/2025 04:03 PM]
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Filing 131
DEFECTIVE---CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[Filed under wrong event. Correct entry#132] [Entered: 10/16/2025 03:09 PM] [Edited: 10/16/2025 04:07 PM]
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Filing 130
CITATION of Supplemental Authorities (28j Letter) filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 10/16/2025 10:38 AM]
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Filing 129
ADDED Counsel for Amicus Curiae - Pending Maithreyi Ratakonda [Entered: 10/16/2025 09:12 AM]
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Filing 128
NOTICE OF APPEARANCE by Maithreyi Ratakonda for Amicus Curiae - Pending Retired Senior Military Officers, Amicus Curiae - Pending Vet Voice Foundation. [Entered: 10/16/2025 08:50 AM]
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Filing 127
ACKNOWLEDGMENT of hearing notice filed by Eric Dean McArthur for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. Hearing in Pasadena - Courtroom 3 in Pasadena, on 10/22/2025 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/08/2025 02:03 PM]
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Filing 126
MOTION for Injunctive Relief filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 10/07/2025 10:01 PM]
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Filing 125
ACKNOWLEDGMENT of hearing notice filed by Samuel Thomas Harbourt for Appellee Gavin Newsom, Appellee State of California. Hearing in Pasadena - Courtroom 3 in Pasadena, on 10/22/2025 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/07/2025 02:22 PM]
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Filing 124
NOTICE OF ORAL ARGUMENT on Wednesday, October 22, 2025 - 11:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3727] [Entered: 10/07/2025 12:01 PM]
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Filing 123
ADDED Counsel for Appellant Eric Dean McArthur [Entered: 10/06/2025 12:24 PM]
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Filing 122
NOTICE OF APPEARANCE by Eric Dean McArthur for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 10/06/2025 10:12 AM]
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Filing 121
ADDED Counsel for Appellant J. Kain Day [Entered: 10/02/2025 07:51 AM]
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Filing 120
NOTICE OF APPEARANCE by J. Kain Day for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 10/02/2025 06:04 AM]
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Filing 119
CORRESPONDENCE filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[COURT ENTERD-Filing from DE#118] [Entered: 10/01/2025 04:55 PM]
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Filing 118
DEFECTIVE---CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[Filed under wrong event. Correct entry#119] [Entered: 10/01/2025 04:39 PM] [Edited: 10/01/2025 04:56 PM]
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Filing 117
CORRESPONDENCE filed by Appellee Gavin Newsom, Appellee State of California.[COURT ENTERED.Filing from DE#116] [Entered: 09/29/2025 01:31 PM]
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Filing 116
DEFECTIVE---CITATION of Supplemental Authorities (28j Letter) filed by Appellee Gavin Newsom, Appellee State of California.Filed under wrong event. Correct entry#117] [Entered: 09/29/2025 12:48 PM] [Edited: 09/29/2025 01:32 PM]
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Filing 115
Paper copies (6) of Reply Brief submitted at DE 112 by Appellants received. (sent to panel) [Entered: 09/24/2025 11:11 AM]
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Filing 114
NOTICE OF APPEARANCE by Brian Rene Frazelle for Amicus Curiae Constitutional Accountability Center. [Entered: 09/23/2025 11:29 AM]
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Filing 113
ORDER FILED. Reply Brief submitted at DE 112 by Appellants is filed. Appellants must file 6 copies of the brief in paper format securely bound on the left side with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. [Entered: 09/23/2025 10:55 AM]
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Filing 112
REPLY BRIEF submitted for filing by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 09/23/2025 09:28 AM]
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Filing 111
ADDED Counsel for Amicus Curiae Shaleen Shanbhag [Entered: 09/18/2025 12:09 PM]
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Filing 110
NOTICE OF APPEARANCE by Shaleen Shanbhag for Amicus Curiae Fred T. Korematsu Center for Law and Equality. [Entered: 09/18/2025 12:03 PM]
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Filing 109
DEFECTIVE---NOTICE OF APPEARANCE by Shaleen Shanbhag for Amicus Curiae 21 Sitting Members of the United States Senate, Amicus Curiae American Civil Liberties Union, Amicus Curiae American Civil Liberties Union of Northern California, Amicus Curiae American Civil Liberties Union of San Diego and Imperial Counties, Amicus Curiae American Civil Liberties Union of Southern California, Amicus Curiae Bipartisan Former Governors, Amicus Curiae Blue Eagle Coalition, Amicus Curiae Brandon Vernon Stracener, Amicus Curiae California State Legislature, Amicus Curiae California Unity Bar Association, Amicus Curiae City of Los Angeles, Amicus Curiae Constitutional Accountability Center, Amicus Curiae David A. Carrillo, Amicus Curiae Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals, Amicus Curiae Fred T. Korematsu Center for Law and Equality, Amicus Curiae Interfaith Alliance, Amicus Curiae Knight First Amendment Institute - Columbia University, Amicus Curiae Local Governments and Local Government Leaders, in Newsom v. Trump, Amicus Curiae Mark A. Graber, Amicus Curiae Military Veterans, Amicus Curiae National Security Leaders for America, Amicus Curiae Neal Goldfarb, Amicus Curiae State of Washington, Amicus Curiae The Chamberlain Network, Amicus Curiae The Rutherford Institute.[Filed incorrectly. See entry#10] [Entered: 09/18/2025 10:15 AM] [Edited: 09/18/2025 12:11 PM]
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Filing 108
CLERK ACTION: Amicus Brief submitted at DE 106 by Neal Goldfarb is filed. No paper copies are required. [Entered: 09/11/2025 12:43 PM]
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Filing 107
ADDED Amicus Curiae Neal Goldfarb. [Entered: 09/11/2025 12:42 PM]
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Filing 105
CLERK ACTION: Amicus Brief submitted at DE 69 by Bipartisan Former Governors is filed. No paper copies are required. [Entered: 09/10/2025 03:50 PM]
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Filing 104
CLERK ACTION: Amicus Brief submitted at DE 94 by Local Governments and Local Government Leaders is filed. No paper copies are required. [Entered: 09/10/2025 03:44 PM]
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Filing 103
ADDED Amicus Curiae Local Governments and Local Government Leaders, in Newsom v. Trump. [Entered: 09/10/2025 03:43 PM]
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Filing 102
CLERK ACTION: Amicus Brief submitted at DE 96 by National Security Leaders for America is filed. No paper copies are required. [Entered: 09/10/2025 11:20 AM]
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Filing 101
CLERK ACTION: Amicus Brief submitted at DE 93 by 20 States, District of Columbia, and the Office of the Governor of Kansas is filed. No paper copies are required. [Entered: 09/10/2025 11:19 AM]
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Filing 100
CLERK ACTION: Amicus Brief submitted at DE 91 by Los Angeles City; et al., is filed. No paper copies are required. [Entered: 09/10/2025 11:17 AM]
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Filing 99
CLERK ACTION: Amicus Brief submitted at DE 90 by Twenty-One Sitting Members Of The United States Senate is filed. No paper copies are required. [Entered: 09/10/2025 11:15 AM]
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Filing 98
CLERK ACTION: Amicus Brief submitted at DE 88 by ACLU, ACLU SoCal, ACLU NorCal, ACLU SDIC, Knight Institute, Rutherford Institute is filed. No paper copies are required. [Entered: 09/10/2025 11:13 AM]
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Filing 97
ADDED Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Southern California, American Civil Liberties Union of Northern California, American Civil Liberties Union of San Diego and Imperial Counties, Knight First Amendment Institute - Columbia University, The Rutherford Institute, 21 Sitting Members of the United States Senate, and National Security Leaders for America. [Entered: 09/10/2025 11:11 AM]
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Filing 106
AMICUS BRIEF by government or with consent submitted for filing by Neal Goldfarb.--[COURT UPDATE: Searchable PDF attached as of 9/11/2025, REPLACING original attachment. Entry backdated to reflect original date of submission] [Entered: 09/10/2025 07:58 PM] [Edited: 09/11/2025 12:37 PM]
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Filing 96
AMICUS BRIEF by government or with consent submitted for filing by National Security Leaders for America. [Entered: 09/09/2025 09:58 PM]
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Filing 95
DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by National Security Leaders for America. (Duplicate of DE 96) [Entered: 09/09/2025 09:29 PM] [Edited: 09/10/2025 10:06 AM]
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Filing 94
AMICUS BRIEF by government or with consent submitted for filing by Local Governments and Local Government Leaders. [Entered: 09/09/2025 08:23 PM]
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Filing 93
AMICUS BRIEF by government or with consent submitted for filing by 20 States, District of Columbia, and the Office of the Governor of Kansas. [Entered: 09/09/2025 07:37 PM]
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Filing 92
DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Amicus Curiae - Pending Vet Voice Foundation, Amicus Curiae - Pending Retired Senior Military Officers. [Entered: 09/09/2025 07:17 PM]
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Filing 91
AMICUS BRIEF by government or with consent submitted for filing by Los Angeles City, Los Angeles County, Baltimore, Boston, Chicago, New York and Seven Other Cities. [Entered: 09/09/2025 06:57 PM]
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Filing 90
AMICUS BRIEF by government or with consent submitted for filing by Twenty-One Sitting Members Of The United States Senate. [Entered: 09/09/2025 06:46 PM]
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Filing 89
DEFECTIVE --- AMICUS BRIEF and MOTION for leave to file amicus brief filed by Neal Goldfarb. (Incorrect entry, see DE 106) [Entered: 09/09/2025 06:04 PM] [Edited: 09/11/2025 12:40 PM]
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Filing 88
AMICUS BRIEF by government or with consent submitted for filing by ACLU, ACLU SoCal, ACLU NorCal, ACLU SDIC, Knight Institute, Rutherford Institute. [Entered: 09/09/2025 05:41 PM]
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Filing 87
DEFECTIVE --- AMICUS BRIEF and MOTION for leave to file amicus brief filed by Neal Goldfarb. (Duplicate of DE 89) [Entered: 09/09/2025 05:39 PM] [Edited: 09/10/2025 09:03 AM]
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Filing 86
DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Amicus Curiae The Chamberlain Network, Amicus Curiae Military Veterans. [Entered: 09/09/2025 04:58 PM]
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Filing 85
CLERK ACTION: Amicus Brief submitted at DE 79 by The Legislature of the State of California is filed. No paper copies are required. [Entered: 09/09/2025 04:29 PM]
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Filing 84
CLERK ACTION: Amicus Brief submitted at DE 78 by California Constitution Scholars David A. Carrillo and Brandon V. Stracener is filed. No paper copies are required. [Entered: 09/09/2025 04:28 PM]
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Filing 83
CLERK ACTION: Amicus Brief submitted at DE 75 by Interfaith Alliance Foundation is filed. No paper copies are required. [Entered: 09/09/2025 04:28 PM]
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Filing 82
CLERK ACTION: Amicus Brief submitted at DE 74 by Constitutional Accountability Center is filed. No paper copies are required. [Entered: 09/09/2025 04:27 PM]
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Filing 81
CLERK ACTION: Amicus Brief submitted at DE 73 by The Chamberlain Network and Military Veterans is filed. No paper copies are required. [Entered: 09/09/2025 04:26 PM]
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Filing 80
ADDED Amici Curiae The Chamberlain Network, Military Veterans, Constitutional Accountability Center, Interfaith Alliance, and Mark A. Graber. [Entered: 09/09/2025 04:25 PM]
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Filing 79
AMICUS BRIEF by government or with consent submitted for filing by The Legislature of the State of California. [Entered: 09/09/2025 03:56 PM]
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Filing 78
AMICUS BRIEF by government or with consent submitted for filing by California Constitution Scholars David A. Carrillo and Brandon V. Stracener. [Entered: 09/09/2025 03:45 PM]
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Filing 77
ADDED Amici Curiae - Pending Vet Voice Foundation and Retired Senior Military Officers. [Entered: 09/09/2025 03:22 PM]
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Filing 76
AMICUS BRIEF by government or with consent submitted for filing by AMICUS CURIAE HISTORIAN MARK A. GRABER. [Entered: 09/09/2025 02:27 PM]
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Filing 75
AMICUS BRIEF by government or with consent submitted for filing by Interfaith Alliance Foundation. [Entered: 09/09/2025 01:59 PM]
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Filing 74
AMICUS BRIEF by government or with consent submitted for filing by Constitutional Accountability Center. [Entered: 09/09/2025 01:10 PM]
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Filing 73
AMICUS BRIEF by government or with consent submitted for filing by The Chamberlain Network and Military Veterans. [Entered: 09/09/2025 12:59 PM]
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Filing 72
AMICUS BRIEF and MOTION for leave to file amicus brief filed by VET VOICE FOUNDATION AND RETIRED SENIOR MILITARY OFFICERS. [Entered: 09/09/2025 11:39 AM]
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Filing 71
CLERK ACTION: Amicus Brief submitted at DE 68 by The California Unity Bar Association and the Fred T. Korematsu Center for Law and Equality is filed. No paper copies are required. [Entered: 09/09/2025 11:27 AM]
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Filing 70
ADDED Amici Curiae California Unity Bar Association and Fred T. Korematsu Center for Law and Equality. [Entered: 09/09/2025 11:25 AM]
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Filing 69
AMICUS BRIEF by government or with consent submitted for filing by Bipartisan Former Governors.--[COURT UPDATE: Corrected PDF attached as of 9/10/2025, REPLACING original attachment] [Entered: 09/09/2025 11:18 AM] [Edited: 09/10/2025 08:58 AM]
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Filing 68
AMICUS BRIEF by government or with consent submitted for filing by The California Unity Bar Association and the Fred T. Korematsu Center for Law and Equality. [Entered: 09/09/2025 10:35 AM]
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Filing 67
Paper copies (6) of Answering Brief submitted at DE 63 by Appellees Gavin Newsom and State of California received. (sent to panel) [Entered: 09/04/2025 03:13 PM]
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Filing 66
Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 64 by Appellees Gavin Newsom and State of California received. (sent to panel) [Entered: 09/04/2025 03:09 PM]
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Filing 65
ORDER FILED. Answering Brief submitted at DE 63 by Appellees Gavin Newsom and State of California is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 64 by Appellees Gavin Newsom and State of California are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 09/03/2025 09:03 AM]
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Filing 64
EXCERPTS OF RECORD submitted for filing by Appellee Gavin Newsom, Appellee State of California. [Entered: 09/02/2025 06:32 PM]
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Filing 63
ANSWERING BRIEF submitted for filing by Appellee Gavin Newsom, Appellee State of California. [Entered: 09/02/2025 06:30 PM]
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Filing 62
TEXT CLERK ORDER. Appellees unopposed motion to extend time to file an answering brief (Dkt. No. 61) is granted. The answering brief is due September 2, 2025. The optional reply may be filed within 21 days of service of the answering brief. See Fed. R. App. P. 31 and 9th Cir. R. 31-2.1. [Entered: 08/07/2025 04:56 PM]
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Filing 61
MOTION to Extend Time to File Brief filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 08/07/2025 09:48 AM]
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Filing 60
Paper copies (6) of Opening Brief submitted at DE 56 by Appellants received. (sent to panel) [Entered: 07/23/2025 03:32 PM]
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Filing 59
Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 57 by Appellants received. (sent to panel) [Entered: 07/23/2025 03:31 PM]
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Filing 58
ORDER FILED. Opening Brief submitted at DE 56 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 57 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/22/2025 09:22 AM]
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Filing 57
EXCERPTS OF RECORD submitted for filing by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 07/22/2025 08:02 AM]
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Filing 56
OPENING BRIEF submitted for filing by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 07/22/2025 08:00 AM]
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Filing 55
ADDED Counsel for Amicus Curiae - Pending Susan Har [Entered: 07/21/2025 12:08 PM]
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Filing 54
CLERK ACTION: Amicus Brief submitted at DE 49 by Amici Curiae Bipartisan Former Governors is filed. No paper copies are required at this time. [Entered: 07/21/2025 11:33 AM]
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Filing 53
ADDED Amici Curiae Bipartisan Former Governors. [Entered: 07/21/2025 11:31 AM]
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Filing 52
CLERK ACTION: Amicus Brief submitted at DE 50 by Amicus Curiae California State Legislature is filed. No paper copies are required at this time. [Entered: 07/21/2025 11:19 AM]
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Filing 51
ADDED Amicus Curiae California State Legislature. [Entered: 07/21/2025 11:16 AM]
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Filing 50
AMICUS BRIEF by government or with consent submitted for filing by The Legislature of the State of California. [Entered: 07/19/2025 04:18 PM]
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Filing 49
AMICUS BRIEF by government or with consent submitted for filing by Bipartisan Former Governors as Amici Curiae in Support of Rehearing En Banc. [Entered: 07/18/2025 05:03 PM]
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Filing 48
RESPONSE to Order - Call for Response to Filing (DE 43) filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 07/18/2025 03:30 PM]
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Filing 47
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals.--[COURT UPDATE: Corrected PDF of brief attached as of 7/21/2025, REPLACING original attachment] [Entered: 07/18/2025 12:23 PM] [Edited: 07/21/2025 12:12 PM]
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Filing 46
RESPONSE to Order - Call for Response to Filing (DE 43) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 07/18/2025 11:12 AM]
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Filing 45
ADDED Counsel for Appellant Steven A. Myers [Entered: 07/14/2025 09:10 AM]
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Filing 44
NOTICE OF APPEARANCE by Steven A. Myers for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 07/14/2025 07:20 AM]
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Filing 43
ORDER FILED. Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG A judge of this court has called for a vote to determine whether this case should be reheard en banc. The parties are directed to file simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc. The briefs shall not exceed 15 pages unless they comply with the alternative length limitation of 4,200 words, and they shall be filed within seven (7) days of the date of this order. [Entered: 07/11/2025 09:38 AM]
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Filing 42
ADDED Amicus Curiae - Pending Martin Akerman. [Entered: 06/25/2025 11:32 AM]
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Filing 41
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Martin Akerman. [Entered: 06/25/2025 11:26 AM]
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Filing 40
UPDATED ORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG) Update: attached reformatted order. [Entered: 06/25/2025 09:25 AM]
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Filing 39
ORDER FILED. Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG. The briefing schedule for this appeal will proceed as follows: appellants opening brief is due July 22, 2025, and appellees answering brief is due August 19, 2025. The optional reply may be filed within 21 days of service of the answering brief. See Fed. R. App. P. 31 and 9th Cir. R. 31-2.1. [Entered: 06/24/2025 12:33 PM]
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Filing 38
CLERK ACTION: Amicus Brief submitted at DE 24 by Amicus Curiae Blue Eagle Coalition is filed. No paper copies are required at this time. [Entered: 06/20/2025 10:22 AM]
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Filing 37
CLERK ACTION: Amicus Brief submitted at DE 22 by Amici Curiae David A. Carrillo and Brandon Vernon Stracener is filed. No paper copies are required at this time. [Entered: 06/20/2025 10:14 AM]
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Filing 36
CLERK ACTION: Amicus Brief submitted at DE 21 by Amici Curiae State of Washington and 18 states and Office of the Governor of Kansas is filed. No paper copies are required at this time. [Entered: 06/20/2025 10:03 AM]
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Filing 35
CLERK ACTION: Amicus Brief submitted at DE 20 by Amici Curiae City and County of San Francisco and other local governments and officials is filed. No paper copies are required at this time. [Entered: 06/20/2025 09:58 AM]
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Filing 34
CLERK ACTION: Amicus Brief submitted at DE 18 by Amicus Curiae City of Los Angeles is filed. No paper copies are required at this time. [Entered: 06/20/2025 09:54 AM]
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Filing 33
CLERK ACTION: Amicus Brief submitted at DE 17 by Amici Curiae Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals is filed. No paper copies are required at this time. [Entered: 06/20/2025 09:51 AM]
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Filing 32
ORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG) We grant amici curiaes motions for leave to file amicus briefs. Dkt. Nos. 17, 18, 20, 21, 22, 24. [SEE ORDER FOR FULL TEXT] For the reasons above, we GRANT Defendants motion for a stay pending appeal. [Entered: 06/19/2025 07:12 PM]
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Filing 31
ADDED Counsel for Appellee Christopher David Hu [Entered: 06/17/2025 08:01 AM]
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Filing 30
CITATION of Supplemental Authorities (28j Letter) filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 06/17/2025 12:41 AM]
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Filing 29
NOTICE OF APPEARANCE by Christopher David Hu for Appellee Gavin Newsom, Appellee State of California. [Entered: 06/16/2025 05:12 PM]
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Filing 28
ADDED Amicus Curiae - Pending Blue Eagle Coalition. [Entered: 06/16/2025 12:18 PM]
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Filing 27
ADDED Amici Curiae - Pending Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals, City of Los Angeles, City and County of San Francisco and other local governments and officials, State of Washington and 18 states and Office of the Governor of Kansas, David A. Carrillo and Brandon Vernon Stracener. [Entered: 06/16/2025 11:22 AM]
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Filing 26
SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Anna O. Mohan for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/16/2025 10:01 AM]
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Filing 25
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 16) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[COURT ENTERED-Filing from DE#23] [Entered: 06/16/2025 09:29 AM]
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Filing 24
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Blue Eagle Coalition, an unincorporated association.--[COURT UPDATE: Corrected PDF attached as of 6/16/2025, REPLACING original attachment] [Entered: 06/16/2025 08:59 AM] [Edited: 06/16/2025 12:13 PM]
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Filing 23
DEFECTIVE---SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense.[Filed under wrong event. Correct entry#25] [Entered: 06/16/2025 08:30 AM] [Edited: 06/16/2025 09:30 AM]
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Filing 22
AMICUS BRIEF and MOTION for leave to file amicus brief filed by David A. Carrillo and Brandon V. Stracener. [Entered: 06/16/2025 06:20 AM]
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Filing 21
AMICUS BRIEF and MOTION for leave to file amicus brief filed by 19 States and Office of the Governor of Kansas (collectively as "Amici States"). [Entered: 06/15/2025 07:13 PM]
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Filing 20
AMICUS BRIEF and MOTION for leave to file amicus brief filed by City and County of San Francisco. [Entered: 06/15/2025 11:19 AM]
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Filing 19
DEFECTIVE --- AMICUS BRIEF and MOTION for leave to file amicus brief filed by City and County of San Francisco. (Duplicate of DE 20) [Entered: 06/15/2025 10:11 AM] [Edited: 06/16/2025 09:26 AM]
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Filing 18
AMICUS BRIEF and MOTION for leave to file amicus brief filed by City of Los Angeles.--[COURT UPDATE: Separated PDFs attached as of 6/16/2025, REPLACING original attachment] [Entered: 06/15/2025 08:59 AM] [Edited: 06/16/2025 11:04 AM]
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Filing 17
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals. [Entered: 06/15/2025 08:52 AM]
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Filing 16
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 06/15/2025 08:44 AM]
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Filing 15
ACKNOWLEDGMENT of hearing notice filed by Samuel Thomas Harbourt for Appellee Gavin Newsom, Appellee State of California. Hearing in San Francisco - Courtroom 2 in San Francisco, on 6/17/2025 12:00:00 PM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 06/13/2025 02:22 PM]
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Filing 14
ACKNOWLEDGMENT of hearing notice filed by Brett Shumate for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. Hearing in San Francisco - Courtroom 2 in San Francisco, on 6/17/2025 12:00:00 PM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 06/13/2025 12:39 PM]
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Filing 13
NOTICE OF APPEARANCE by Brett Shumate for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/13/2025 12:35 PM]
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Filing 12
NOTICE OF ORAL ARGUMENT on Tuesday, June 17, 2025 - 12:00 P.M. - Courtroom 2 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3727] [Entered: 06/13/2025 12:01 PM]
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Filing 11
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Appellee Gavin Newsom, Appellee State of California. [Entered: 06/12/2025 08:23 PM]
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Filing 10
ORDER FILED. Mark J. BENNETT, Eric D. MILLER, Jennifer SUNG. The court has received the governments emergency motion for stay pending appeal. Dkt. No. 5. The request for an administrative stay is GRANTED. The district courts June 12, 2025 temporary restraining order is temporarily stayed pending further order. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The response to the emergency motion is due June 15, 2025 at 9:00 AM PDT. The optional reply in support of the emergency motion is due June 16, 2025 at 9:00 AM PDT. The panel will hold a remote hearing by Zoom on June 17, 2025 at 12:00 PM PDT. [COURT UPDATE: resending NDA to District Judge and district court]. [Entered: 06/12/2025 08:17 PM] [Edited: 06/12/2025 08:55 PM]
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Filing 9
ADDED Counsel for Appellee Samuel Thomas Harbourt [Entered: 06/12/2025 08:14 PM]
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Filing 8
NOTICE OF APPEARANCE by Samuel Thomas Harbourt for Appellee Gavin Newsom, Appellee State of California. [Entered: 06/12/2025 08:06 PM]
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Filing 7
ADDED Counsel for Appellant Sharon Swingle [Entered: 06/12/2025 06:59 PM]
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Filing 6
Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/12/2025 06:58 PM]
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Filing 5
MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/12/2025 06:56 PM]
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Filing 4
NOTICE OF APPEARANCE by Sharon Swingle for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/12/2025 06:43 PM]
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Filing 3
ADDED Counsel for Appellant Anna O. Mohan [Entered: 06/12/2025 06:36 PM]
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Filing 2
NOTICE OF APPEARANCE by Anna O. Mohan for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense. [Entered: 06/12/2025 06:25 PM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-04870-CRB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-3727 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 06/12/2025 06:12 PM]
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