State of Oregon, et al. v. Trump, et al.
| STATE OF OREGON and CITY OF PORTLAND |
| DONALD J. TRUMP, In his official capacity as President of the United States, PETER HEGSETH, In his official capacity as Secretary of Defense, UNITED STATES DEPARTMENT OF DEFENSE, KRISTI NOEM, In her official capacity as Secretary of Homeland Security and UNITED STATES DEPARTMENT OF HOMELAND SECURITY |
| STATE OF CALIFORNIA |
| AMERICA FIRST LEGAL FOUNDATION, LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LEADERS, IN STATE OF OREGON V. TRUMP, STATE OF WASHINGTON, STATE OF MARYLAND, STATE OF ARIZONA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, 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 RHODE ISLAND, STATE OF VERMONT, DISTRICT OF COLUMBIA, GOVERNOR OF KANSAS, GOVERNOR OF KENTUCKY, GOVERNOR OF PENNSYLVANIA, VET VOICE FOUNDATION, PAUL D. EATON, RANDY MANNER, LINDA SINGH, TAMMY SMITH, STEVEN M. ANDERSON, MICHAEL S. BAKER, STATE OF IOWA, STATE OF MONTANA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF MISSOURI, STATE OF NEBRASKA, STATE OF OHIO, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF WEST VIRGINIA, STATE OF WISCONSIN, JERRY BROWN, JR., STEVE BULLOCK, ARNE CARLSON, MARK DAYTON, JIM DOYLE, PARRIS GLENDENING, JENNIFER GRANHOLM, BILL GRAVES, CHRISTINE GREGOIRE, JAY INSLEE, GOVERNOR, TONY KNOWLES, GARY LOCKE, TERRY MCAULIFFE, JANET NAPOLITANO, MARTIN OMALLEY, DEVAL PATRICK, MARC RACICOT, BILL RITTER, JR., KATHLEEN SEBELIUS, STEVE SISOLAK, ELIOT SPITZER, TED STRICKLAND, TOM VILSACK, BILL WELD, CHRISTINE TODD WHITMAN, TOM WOLF, AMERICAN CIVIL LIBERTIES UNION, ACLU OF OREGON FOUNDATION, ACLU OF SOUTHERN CALIFORNIA FOUNDATION, ACLU OF NORTHERN CALIFORNIA FOUNDATION, ACLU OF SAN DIEGO AND IMPERIAL COUNTIES FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF ALASKA, ACLU OF ARIZONA FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF HAWAII, ACLU OF IDAHO FOUNDATION, ACLU OF MONTANA FOUNDATION, ACLU OF NEVADA FOUNDATION, ACLU OF WASHINGTON FOUNDATION, KNIGHT FIRST AMENDMENT INSTITUTE - COLUMBIA UNIVERSITY, THE RUTHERFORD INSTITUTE and STATE OF CALIFORNIA |
| 25-6268 |
| October 5, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Opinions
We have the following opinions for this case:
Docket Report
RSS Track this Docket
This docket was last retrieved on February 17, 2026. A more recent docket listing may be available from PACER.
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Filing 116
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA) On January 27, 2026, Defendants-Appellants moved to dismiss the consolidated appeals pursuant to Federal Rule of Appellate Procedure 42(b)(2). Case No. 25-6268, Dkt. 112; Case No. 25-7194, Dkt. 25. Plaintiffs-Appellees filed a response (Case No. 25-6268, Dkt. 114; Case No. 25-7194, Dkt. 26), and Defendants-Appellants filed a reply (Case No. 25-6268, Dkt. 115; Case No. 25-7194, Dkt. 27). Defendants-Appellants motion to dismiss is granted. The consolidated appeals (Case Nos. 25-6268 & 25-7194) are DISMISSED, with each party bearing its own costs. Defendants-Appellants earlier motion to dismiss (Case No. 25-6268, Dkt. 91) is denied as moot. This order constitutes the mandate of the court. [25-6268, 25-7194] [Entered: 02/17/2026 12:15 PM]
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Filing 115
REPLY to Response to Motion to Dismiss (DE 114) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 02/12/2026 08:23 AM]
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Filing 114
RESPONSE to Motion to Dismiss (DE 112) filed by Appellee State of Oregon. [25-6268, 25-7194] [Entered: 02/05/2026 04:23 PM]
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Filing 113
DEFECTIVE --- MOTION to Dismiss filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Duplicate filing, correct entry is DE 112 in 25-6268.] [25-7194, 25-6268] [Entered: 01/27/2026 03:07 PM] [Edited: 01/28/2026 08:33 AM]
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Filing 112
MOTION to Dismiss filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 01/27/2026 03:09 PM]
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Filing 111
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 01/21/2026 08:12 AM]
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Filing 110
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 01/14/2026 06:41 AM]
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Filing 109
ORDER FILED. Mary H. MURGUIA The briefing schedule for this appeal will proceed as follows: appellants opening brief is due February 18, 2026, and appellees answering brief is due March 20, 2026. The optional reply may be filed within 21 days of service of the answering brief. Oral argument on this en banc case will take place during the week of June 1, 2026, in Seattle, Washington. The date and time will be determined by separate order. [25-6268, 25-7194] [Entered: 01/09/2026 04:59 PM]
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Filing 108
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA) On November 19, 2025, this court administratively stayed the district courts November 7, 2025, permanent injunction to the extent that it enjoins the federalization of the Oregon National Guard. Dkt. No. 96. On December 29, 2025, this court issued an order directing the parties to confer about the procedural next steps for this appeal [i]n light of the United States Supreme Courts denial of the federal governments application for a stay in Trump v. Illinois, No. 25A443 (U.S. Dec. 23, 2025). Dkt. No. 104. The order also directed the parties to file either: (a) a joint proposal if agreement is reached or (b) separate proposals if no agreement is reached. Id. The parties filed their separate proposals on January 7, 2026. Dkt. Nos. 106 & 107. Defendants represented that [w]ithout prejudice to any future arguments Defendants might make in this litigation, Defendants withdraw their request for a stay pending appeal and agree to dissolution of the administrative stay. Dkt No. 107. Defendants also represented that Oregon National Guard members are currently in transit to Fort Bliss, Texas, where they will demobilize, and that the demobilization process will take approximately 7-14 days to complete. The administrative stay entered by this court on November 19, 2025, Dkt. No. 96, is hereby VACATED. [25-6268, 25-7194] [Entered: 01/08/2026 11:28 AM]
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Filing 107
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 01/07/2026 03:50 PM]
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Filing 106
STATUS REPORT filed by Appellee State of Oregon. [25-6268, 25-7194] [Entered: 01/07/2026 01:10 PM]
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Filing 105
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 12/31/2025 08:38 AM]
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Filing 104
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA) In light of the United States Supreme Courts denial of the federal governments application for a stay in Trump v. Illinois, No. 25A443 (U.S. Dec. 23, 2025), the parties are directed to confer about the procedural next steps for this appeal. By Wednesday, January 7, 2026, the parties shall file either: (a) a joint proposal if agreement is reached or (b) separate proposals if no agreement is reached. [25-6268, 25-7194] [Entered: 12/29/2025 01:20 PM]
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Filing 103
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 12/24/2025 08:37 AM]
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Filing 102
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 12/17/2025 07:52 AM]
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Filing 101
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 12/10/2025 07:42 AM]
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Filing 100
AMENDED ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA) (Statement by Judge Bybee, Statement by Judge Tung) The order filed on October 28, 2025, Dkt. No. 89, taking this case en banc is amended as follows to append Judge Bybees statement in support of en banc review and Judge Tungs statement respecting the grant of rehearing en banc: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The order published at 157 F.4th 1013 (9th Cir. 2025), is vacated. [Entered: 12/08/2025 04:35 PM]
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Filing 99
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 12/03/2025 07:42 AM]
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Filing 98
STATUS REPORT filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [25-6268, 25-7194] [Entered: 11/26/2025 07:10 AM]
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Filing 97
UPDATED ORDER FOR PUBLICATION FILED. (MARY H. MURGUIA) Update: Attached reformatted order. [25-6268, 25-7194] [Entered: 11/24/2025 11:12 AM]
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Filing 96
ORDER FOR PUBLICATION FILED. (MARY H. MURGUIA) Appeal Nos. 25-6268 and 25-7194 are consolidated. The court has received the governments emergency motion for stay pending appeal in Appeal No. 25-7194. Docket Entry No. 6. The request for a partial administrative stay is granted. The district courts November 7, 2025, permanent injunction is temporarily stayed to the extent that it enjoins the federalization of the Oregon National Guard pending further order of the court. The courts administrative stay is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits of the appeal. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The government is directed to file weekly status reports regarding the current status of any federalized Oregon National Guard, including updates on the defederalization of any troops. Briefing on the governments emergency motion for stay pending appeal is stayed pending the United States Supreme Courts ruling on the governments application for a stay in Trump v. Illinois, No. 25A443. Once the Supreme Court rules in that matter, this court will promptly set an expedited briefing schedule to allow for consideration of the emergency motion for stay pending appeal. The principal briefing schedules currently in place are vacated and will be reset upon further order of the court. [25-6268, 25-7194] [Entered: 11/19/2025 03:20 PM]
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Filing 95
MOTION to Consolidate filed by Appellee State of Oregon. [Entered: 11/18/2025 02:02 PM]
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Filing 94
REPLY to Response to Motion to Dismiss (DE 92) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 11/17/2025 08:29 AM]
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Filing 93
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: 11/14/2025 05:09 PM]
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Filing 92
RESPONSE to Motion to Dismiss (DE 91) filed by Appellee State of Oregon. [Entered: 11/13/2025 04:43 PM]
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Filing 91
MOTION to Dismiss filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 11/03/2025 02:07 PM]
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Filing 90
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA) The three-judge panels administrative stay order entered on October 8, 2025, remains in effect pending further order of the en banc court. A copy of the administrative stay order is attached to this order.. [Entered: 10/30/2025 04:50 PM]
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Filing 89
ORDER FOR PUBLICATION FILED. (MARY H. MURGUIA) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The order published at ---F.4th---, 2025 WL 2951371 (9th Cir. Oct. 20, 2025), is vacated. [Entered: 10/28/2025 05:04 PM]
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Filing 88
CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/27/2025 11:33 AM]
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Filing 87
ORDER FILED. Before: Sidney R. Thomas, Senior Circuit Judge and En Banc Coordinator. Without objection from the panel, the courts October 20, 2025, order granting a stay pending appeal (Dkt. 61) is administratively stayed until 5:00 pm on October 28, 2025, to allow the completion of the pending en banc proceedings. This administrative order expresses no views on the merits of this matter and is not a reconsideration of the earlier stay order. [Entered: 10/24/2025 04:11 PM]
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Filing 86
UPDATED ORDER FOR PUBLICATION FILED. (Susan P. GRABER, Ryan D. NELSON, Bridget S. BADE) Update: Attached reformatted order and web cite document. . [Entered: 10/24/2025 09:17 AM]
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Filing 85
CITATION of Supplemental Authorities (28j Letter) filed by Appellee State of Oregon. [Entered: 10/23/2025 02:41 PM]
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Filing 84
CLERK ACTION: Amicus Brief submitted at DE 83 by State of California is filed. No paper copies are required. [Entered: 10/23/2025 01:46 PM]
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Filing 83
AMICUS BRIEF by government or with consent submitted for filing by State of California.--[Court entered filing, originally filed at DE 72] [Entered: 10/23/2025 01:45 PM]
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Filing 82
ORDER FILED. Susan P. GRABER, Ryan D. NELSON, Bridget S. BADE Per the unanimous opinion of the court, the State of Californias motion to intervene (Dkt. 72) is DENIED. The State of Californias alternative request to construe the motion as an amicus brief filed in support of en banc review, is GRANTED. [Entered: 10/23/2025 01:35 PM]
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Filing 81
CLERK ACTION: Amicus Brief submitted at DE 79 by American Civil Liberties Union, ACLUs of Oregon, Southern California, Northern California, et al. is filed. No paper copies are required. [Entered: 10/23/2025 01:20 PM]
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Filing 80
ADDED Amicus Curiae American Civil Liberties Union, et al., Counsel for Amicus Curiae: Kelly Simon, Counsel for Amicus Curiae: Hina Shamsi, Counsel for Amicus Curiae: Shilpi Agarwal, Counsel for Amicus Curiae: Peter Jay Eliasberg [Entered: 10/23/2025 01:15 PM]
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Filing 79
AMICUS BRIEF by government or with consent submitted for filing by American Civil Liberties Union, ACLUs of Oregon, Southern California, Northern California, et al.. [Entered: 10/23/2025 12:31 PM]
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Filing 78
CLERK ACTION: Supplemental Brief submitted at DE 70 and Excerpts of Record submitted at DE 71 by Appellee State of Oregon are filed. No paper copies are required at this time. [Entered: 10/23/2025 08:56 AM]
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Filing 77
CLERK ACTION: Supplemental Brief submitted at DE 69 by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security is filed. No paper copies are required at this time. [Entered: 10/23/2025 08:54 AM]
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Filing 76
ADDED Intervenor - Pending State of California, Counsel for Intervenor - Pending Aaron Daniel Pennekamp [Entered: 10/23/2025 08:51 AM]
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Filing 75
CLERK ACTION: Amicus Brief submitted at DE 73 by Ninth Circuit States in Support of Rehearing En Banc is filed. No paper copies are required. [Entered: 10/23/2025 08:46 AM]
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Filing 74
ADDED Counsel for Amicus Curiae Joshua Bendor [Entered: 10/23/2025 08:42 AM]
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Filing 73
AMICUS BRIEF by government or with consent submitted for filing by Ninth Circuit States in Support of Rehearing En Banc. [Entered: 10/22/2025 10:44 PM]
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Filing 72
MOTION to Intervene filed by State of California. [Entered: 10/22/2025 08:41 PM]
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Filing 71
EXCERPTS OF RECORD submitted for filing by Appellee State of Oregon. [Entered: 10/22/2025 07:12 PM]
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Filing 70
SUPPLEMENTAL BRIEF submitted for filing by Appellee State of Oregon. [Entered: 10/22/2025 07:11 PM]
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Filing 69
SUPPLEMENTAL BRIEF submitted for filing by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/22/2025 06:31 PM]
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Filing 68
CLERK ACTION: Amicus Brief submitted at DE 66 by Bipartisan Former Governors is filed. No paper copies are required. [Entered: 10/22/2025 11:07 AM]
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Filing 67
ADDED Amicus Curiae Bipartisan Former Governors, et al., Counsel for Amicus Curiae Carey R. Dunne [Entered: 10/22/2025 11:02 AM]
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Filing 66
AMICUS BRIEF by government or with consent submitted for filing by Bipartisan Former Governors.--[COURT UPDATE: Attached certificate of compliance as of 10/22/2025.] [Entered: 10/22/2025 09:49 AM] [Edited: 10/22/2025 11:04 AM]
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Filing 65
ADDED Counsel for Appellant Andrew Marshall Bernie [Entered: 10/21/2025 08:09 AM]
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Filing 64
NOTICE OF APPEARANCE by Andrew Marshall Bernie for Appellant Donald J. Trump, Appellant Kristi Noem, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant United States Department of Homeland Security. [Entered: 10/20/2025 04:15 PM]
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Filing 63
ORDER FILED. Sidney R. THOMAS A judge of this Court has sua sponte requested a vote on whether this case should be reheard en banc pursuant to General Order 5.4.c.3. The parties are requested to file simultaneous supplemental briefs addressing whether this case should be reheard en banc. The briefs shall be filed on or before midnight, Pacific Time, Wednesday, October 22, 2025, and shall not exceed 14,000 words. [Entered: 10/20/2025 01:59 PM]
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Filing 62
TEXT-ONLY NOTICE RE: MOTION FOR RECONSIDERATION AND/OR RECONSIDERATION EN BANC. Please note that pursuant to 9th Cir. R. 27-10 (a) (2), unless the time is shortened or expanded by order of this Court, a motion for clarification, modification or reconsideration (including reconsideration or rehearing en banc) of a court order that does not dispose of the entire case on the merits, terminate a case or otherwise conclude proceedings in this Court must be filed within 14 days after entry of the order. This time limit applies whether or not the United States or an agency, officer or employee thereof is a party, as Rule 40(d) of the Federal Rules of Appellate Procedure is inapplicable to such an order. [Entered: 10/20/2025 12:14 PM]
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Filing 61
ORDER FOR PUBLICATION (Susan P. GRABER, Ryan D. NELSON, Bridget S. BADE) (Concurrence by Judge R. Nelson; Dissent by Judge Graber). [SEE ORDER FOR FULL TEXT] For these reasons, we GRANT Defendants motion for a stay pending appeal. [Entered: 10/20/2025 12:02 PM]
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Filing 60
RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 57) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/17/2025 03:14 PM]
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Filing 59
ADDED Counsel for Amicus Curiae Christine Patricia Sun [Entered: 10/17/2025 09:55 AM]
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Filing 58
NOTICE OF APPEARANCE by Christine Patricia Sun for Amicus Curiae Linda Singh, Amicus Curiae Michael S. Baker, Amicus Curiae Paul D. Eaton, Amicus Curiae Randy Manner, Amicus Curiae Steven M. Anderson, Amicus Curiae Tammy Smith, Amicus Curiae Vet Voice Foundation. [Entered: 10/17/2025 09:50 AM]
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Filing 57
CITATION of Supplemental Authorities (28j Letter) filed by Appellee State of Oregon. [Entered: 10/16/2025 02:24 PM]
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Filing 56
CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/16/2025 10:03 AM]
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Filing 55
CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/16/2025 06:58 AM]
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Filing 54
MEDIATION QUESTIONNAIRE filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 10/14/2025 01:17 PM]
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Filing 53
UPDATED ORDER FOR PUBLICATION FILED. (Susan P. GRABER, Ryan D. NELSON, Bridget S. BADE) Update: attached reformatted order. [Entered: 10/10/2025 04:15 PM]
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Filing 52
ADDED Counsel for Amicus Curiae Maithreyi Ratakonda [Entered: 10/10/2025 01:08 PM]
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Filing 51
NOTICE OF APPEARANCE by Maithreyi Ratakonda for Amicus Curiae Paul D. Eaton, Amicus Curiae Randy Manner, Amicus Curiae Linda Singh, Amicus Curiae Michael S. Baker, Amicus Curiae Steven M. Anderson, Amicus Curiae Tammy Smith, Amicus Curiae Vet Voice Foundation. --[COURT UPDATE: Updated docket text to reflect parties.] [Entered: 10/10/2025 09:55 AM] [Edited: 10/10/2025 11:58 AM]
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Filing 50
CLERK ACTION: Amicus Brief submitted at DE 38 by State of Iowa is filed. No paper copies are required. [Entered: 10/09/2025 01:52 PM]
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Filing 49
CLERK ACTION: Amicus Brief submitted at DE 37 by Vet Voice Foundation and Retired Senior Military Officers is filed. No paper copies are required. [Entered: 10/09/2025 01:51 PM]
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Filing 48
CLERK ACTION: Amicus Brief submitted at DE 36 by 20 States, Dist. of Columbia, and 3 Governors' Offices is filed. No paper copies are required. [Entered: 10/09/2025 01:50 PM]
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Filing 47
ADDED Amicus Curiae State of Wisconsin [Entered: 10/09/2025 01:35 PM]
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Filing 46
ORDER FILED. Per the unanimous opinion of the court, the Motion for Leave to File an Amicus Brief (Dkt. No. 38) is GRANTED. [Entered: 10/09/2025 12:54 PM]
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Filing 45
ORDER FILED. Per the unanimous opinion of the court, the Motion for Leave to File an Amicus Brief (Dkt. No. 37) is GRANTED. [Entered: 10/09/2025 12:53 PM]
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Filing 44
ORDER FILED. Per the unanimous opinion of the court, the Motion for Leave to File an Amicus Brief (Dkt. No. 36) is GRANTED. [Entered: 10/09/2025 12:50 PM]
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Filing 43
STATUS REPORT filed by Amicus Curiae - Pending State of Iowa. [Entered: 10/09/2025 12:36 PM]
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Filing 42
NOTICE OF APPEARANCE by Eric H. Wessan for Amicus Curiae District of Columbia, Amicus Curiae Governor of Kansas, Amicus Curiae Governor of Kentucky, Amicus Curiae Governor of Pennsylvania, Amicus Curiae Linda Singh, Amicus Curiae Michael S. Baker, Amicus Curiae Paul D. Eaton, Amicus Curiae Randy Manner, Amicus Curiae State of Alabama, Amicus Curiae State of Arizona, Amicus Curiae State of Arkansas, Amicus Curiae State of Colorado, Amicus Curiae State of Connecticut, Amicus Curiae State of Delaware, Amicus Curiae State of Florida, Amicus Curiae State of Georgia, Amicus Curiae State of Hawaii, Amicus Curiae State of Idaho, Amicus Curiae State of Illinois, Amicus Curiae State of Indiana, Amicus Curiae State of Iowa, Amicus Curiae State of Kansas, Amicus Curiae State of Kentucky, Amicus Curiae State of Louisiana, Amicus Curiae State of Maine, Amicus Curiae State of Maryland, Amicus Curiae State of Massachusetts, Amicus Curiae State of Michigan, Amicus Curiae State of Minnesota, Amicus Curiae State of Mississippi, Amicus Curiae State of Missouri, Amicus Curiae State of Montana, Amicus Curiae State of Nebraska, Amicus Curiae State of Nevada, Amicus Curiae State of New Jersey, Amicus Curiae State of New Mexico, Amicus Curiae State of New York, Amicus Curiae State of North Carolina, Amicus Curiae State of Ohio, Amicus Curiae State of Oklahoma, Amicus Curiae State of Rhode Island, Amicus Curiae State of South Carolina, Amicus Curiae State of South Dakota, Amicus Curiae State of Texas, Amicus Curiae State of Vermont, Amicus Curiae State of Washington, Amicus Curiae State of West Virginia, Amicus Curiae Steven M. Anderson, Amicus Curiae Tammy Smith, Amicus Curiae Vet Voice Foundation. [Entered: 10/09/2025 09:41 AM]
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Filing 41
ADDED Amicus Curiae - Pending State of Iowa, Amicus Curiae - Pending State of Montana, Amicus Curiae - Pending State of Oklahoma, Amicus Curiae - Pending State of South Carolina, Amicus Curiae - Pending State of Kansas, Amicus Curiae - Pending State of Kentucky, Amicus Curiae - Pending State of Alabama, Amicus Curiae - Pending State of Arkansas, Amicus Curiae - Pending State of Florida, Amicus Curiae - Pending State of Georgia, Amicus Curiae - Pending State of Idaho, Amicus Curiae - Pending State of Indiana, Amicus Curiae - Pending State of Louisiana, Amicus Curiae - Pending State of Mississippi, Amicus Curiae - Pending State of Nebraska, Amicus Curiae - Pending State of Missouri, Amicus Curiae - Pending State of Ohio, Amicus Curiae - Pending State of South Dakota, Amicus Curiae - Pending State of Texas, Amicus Curiae - Pending State of West Virginia, Counsel for Amicus Curiae - Pending Eric H. Wessan [Entered: 10/09/2025 09:26 AM]
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Filing 40
ADDED Amicus Curiae - Pending State of Washington, Amicus Curiae - Pending State of Maryland, Amicus Curiae - Pending State of Arizona, Amicus Curiae - Pending State of Colorado, Amicus Curiae - Pending State of Connecticut, Amicus Curiae - Pending State of Delaware, Amicus Curiae - Pending State of Hawaii, Amicus Curiae - Pending State of Illinois, Amicus Curiae - Pending State of Maine, Amicus Curiae - Pending State of Massachusetts, Amicus Curiae - Pending State of Michigan, Amicus Curiae - Pending State of Minnesota, Amicus Curiae - Pending State of Nevada, Amicus Curiae - Pending State of New Jersey, Amicus Curiae - Pending State of New Mexico, Amicus Curiae - Pending State of New York, Amicus Curiae - Pending State of North Carolina, Amicus Curiae - Pending State of Rhode Island, Amicus Curiae - Pending State of Vermont, Amicus Curiae - Pending District of Columbia, Amicus Curiae - Pending Governor of Kansas, Amicus Curiae - Pending Governor of Kentucky, Amicus Curiae - Pending Governor of Pennsylvania, Counsel for Amicus Curiae - Pending Patricio Antonio Marquez, Amicus Curiae - Pending Vet Voice Foundation, Amicus Curiae - Pending Paul D. Eaton, Amicus Curiae - Pending Randy Manner, Amicus Curiae - Pending Linda Singh, Amicus Curiae - Pending Tammy Smith, Amicus Curiae - Pending Steven M. Anderson, Amicus Curiae - Pending Michael S. Baker, Counsel for Amicus Curiae - Pending Joseph Andrew Boyle [Entered: 10/09/2025 08:45 AM]
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Filing 39
DEFECTIVE --- AMICUS BRIEF and MOTION for leave to file amicus brief filed by State of Iowa.--[Duplicate entry, correct DE is 38] [Entered: 10/09/2025 08:29 AM] [Edited: 10/09/2025 08:57 AM]
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Filing 38
AMICUS BRIEF and MOTION for leave to file amicus brief filed by State of Iowa.--[COURT UPDATE: Corrected PDF of brief attached as of 10/9/2025, REPLACING original attachment]--[Backdated to original filing date] [Entered: 10/09/2025 05:07 AM] [Edited: 10/09/2025 09:04 AM]
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Filing 37
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Vet Voice Foundation and Retired Senior Military Officers. [Entered: 10/08/2025 05:44 PM]
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Filing 36
AMICUS BRIEF and MOTION for leave to file amicus brief filed by 20 States, Dist. of Columbia, and 3 Governors' Offices. [Entered: 10/08/2025 05:34 PM]
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Filing 35
DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by State of Iowa.--[Wrong filing type, correct entry is DE 38] [Entered: 10/08/2025 03:24 PM] [Edited: 10/09/2025 08:57 AM]
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Filing 34
NOTICE: MOTION FOR RECONSIDERATION AND/OR RECONSIDERATION EN BANC. Please note that pursuant to 9th Cir. R. 27-10 (a) (2), unless the time is shortened or expanded by order of this Court, a motion for clarification, modification or reconsideration (including reconsideration or rehearing en banc) of a court order that does not dispose of the entire case on the merits, terminate a case or otherwise conclude proceedings in this Court must be filed within 14 days after entry of the order. This time limit applies whether or not the United States or an agency, officer or employee thereof is a party, as Rule 40(d) of the Federal Rules of Appellate Procedure is inapplicable to such an order. [Entered: 10/08/2025 01:45 PM] [Edited: 10/08/2025 02:37 PM]
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Filing 33
NOTICE OF ORAL ARGUMENT on Thursday, October 9, 2025 - 9:00 AM PT - Remote NOTE TIME ALLOCATION CHANGE - EACH SIDE WILL NOW HAVE 20 MINUTES 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. 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. [CASELIST] [Entered: 10/08/2025 01:34 PM]
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Filing 32
ORDER FOR PUBLICATION FILED. (Susan P. GRABER, Ryan D. NELSON, Bridget S. BADE) [SEE ORDER FOR FULL TEXT] Administrative Stay GRANTED. [Entered: 10/08/2025 01:19 PM]
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Filing 31
CLERK ACTION: Amicus Brief submitted at DE 24 by Local Governments and Local Government Leaders is filed. No paper copies are required. [Entered: 10/08/2025 12:12 PM]
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Filing 30
ADDED Amicus Curiae Local Governments and Local Government Leaders, in State of Oregon v. Trump. [Entered: 10/08/2025 12:07 PM]
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Filing 29
CLERK ACTION: Amicus Brief submitted at DE 23 by America First Legal Foundation is filed. No paper copies are required. [Entered: 10/08/2025 11:37 AM]
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Filing 28
ORDER FILED. Per the unanimous opinion of the court, the Motion for Leave to File an Amicus Brief (Dkt. No. 24) is GRANTED. [Entered: 10/08/2025 10:29 AM]
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Filing 27
ORDER FILED. Per the unanimous opinion of the court, the Motion for Leave to File an Amicus Brief (Dkt. No. 23) is GRANTED. [Entered: 10/08/2025 10:28 AM]
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Filing 26
NOTICE OF APPEARANCE by R. Trent McCotter for Amicus Curiae - Pending America First Legal Foundation. [Entered: 10/07/2025 08:12 PM]
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Filing 25
ADDED Amicus Curiae - Pending America First Legal Foundation. [Entered: 10/07/2025 05:16 PM]
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Filing 24
AMICUS BRIEF and MOTION for leave to file amicus brief filed by Local Governments and Local Government Leaders.--[COURT UPDATE: Corrected PDF of brief attached as of 10/8/2025, REPLACING original attachment] [Entered: 10/07/2025 01:50 PM] [Edited: 10/08/2025 12:50 PM]
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Filing 23
AMICUS BRIEF and MOTION for leave to file amicus brief filed by America First Legal Foundation. [Entered: 10/07/2025 01:44 PM]
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Filing 22
NOTICE OF ORAL ARGUMENT on Thursday, October 9, 2025 - 09:00 A.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. [25-6268] [Entered: 10/07/2025 12:01 PM]
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Filing 21
ACKNOWLEDGMENT of hearing notice filed by Denis M. Vannier for Appellee City of Portland. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/9/2025 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 0 - Available for questions.). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/07/2025 10:53 AM]
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Filing 20
ACKNOWLEDGMENT of hearing notice filed by Stacy Marie Chaffin for Appellee State of Oregon. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/9/2025 9:00:00 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 10:32 AM]
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Filing 19
ACKNOWLEDGMENT of hearing notice filed by Eric Dean McArthur for Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. Hearing in San Francisco - Courtroom 2, No Location in San Francisco, San Francisco, on 10/9/2025 9:00:00 AM, 1/12/2026 8:00:00 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 09:26 AM]
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Filing 18
NOTICE OF ORAL ARGUMENT on Thursday, October 9, 2025 - 9:00 AM PT - Remote Argument Please disregard the location setting in any further notice, as this argument is fully remote. 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. [CASELIST] [Entered: 10/07/2025 09:15 AM]
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Filing 17
DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LEADERS. (Incorrect entry, see DE 24) [Entered: 10/06/2025 05:04 PM] [Edited: 10/07/2025 05:08 PM]
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Filing 16
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 13) filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/06/2025 10:34 AM]
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Filing 15
ADDED Counsel for Appellant Eric Dean McArthur [Entered: 10/06/2025 10:19 AM]
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Filing 14
NOTICE OF APPEARANCE by Eric Dean McArthur for Appellant Donald J. Trump, Appellant Kristi Noem, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant United States Department of Homeland Security. [Entered: 10/06/2025 10:14 AM]
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Filing 13
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 11) filed by Appellee State of Oregon. [Entered: 10/05/2025 02:10 PM]
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Filing 12
Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Donald J. Trump, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/05/2025 01:48 PM]
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Filing 11
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, Appellant Kristi Noem, Appellant United States Department of Homeland Security. [Entered: 10/05/2025 01:46 PM]
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Filing 10
TERMINATED participation of Counsel for Appellee Alexander Charles Jones, Counsel for Appellee Brian Simmonds Marshall, Counsel for Appellee Rachel Katherine Sowray, Counsel for Appellee Thomas H. Castelli, Counsel for Appellee Naomi Sheffield, Counsel for Appellee Robert Taylor, representing Appellee City of Portland, Appellee State of Oregon. [See substituion of counsel filed at DE 3 and 6; counsel Marshall not registered for efiling and party has other registered counsel] [Entered: 10/05/2025 01:02 PM]
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Filing 9
ADDED Counsel for Appellee Stacy Marie Chaffin, Counsel for Appellee Jona J. Maukonen, Counsel for Appellee Peenesh Shah, Counsel for Appellee Dustin Buehler, Counsel for Appellee Benjamin N. Gutman, Counsel for Appellee Denis M. Vannier [Entered: 10/05/2025 01:00 PM]
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Filing 8
NOTICE OF APPEARANCE by Benjamin N. Gutman for Appellee State of Oregon. [Entered: 10/05/2025 10:32 AM]
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Filing 7
NOTICE OF APPEARANCE by Dustin Buehler for Appellee State of Oregon. [Entered: 10/05/2025 10:32 AM]
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Filing 6
NOTICE OF APPEARANCE by Denis M. Vannier for Appellee City of Portland, Appellee State of Oregon replacing Naomi Sheffield, Robert Taylor. [Entered: 10/05/2025 10:06 AM]
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Filing 5
NOTICE OF APPEARANCE by Peenesh Shah for Appellee State of Oregon. [Entered: 10/05/2025 10:01 AM]
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Filing 4
NOTICE OF APPEARANCE by Jona J. Maukonen for Appellee State of Oregon. [Entered: 10/05/2025 09:55 AM]
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Filing 3
NOTICE OF APPEARANCE by Stacy Marie Chaffin for Appellee State of Oregon replacing Thomas H. Castelli, Alexander Charles Jones, Rachel Katherine Sowray. [Entered: 10/05/2025 09:48 AM]
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Filing 2
PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 10/14/2025, Preliminary Injunction Opening Brief Due (Appellant) 11/3/2025, Preliminary Injunction Answering Brief Due (Appellee) 12/1/2025. For appeal no. 25-6268, 3:25-cv-01756-IM.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/05/2025 09:20 AM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-01756-IM 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 25-6268 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: 10/05/2025 09:17 AM]
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