Service Employees International Union, et al. v. DOJ - United States Department of Justice, et al.
| NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, LEAGUE OF UNITED LATIN AMERICAN CITIZENS, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO and SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO |
| MARKWAYNE MULLIN, in his official capacity as Secretary of Homeland Security, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, TODD BLANCHE, ATTORNEY GENERAL, in his official capacity as Attorney General and DOJ - UNITED STATES DEPARTMENT OF JUSTICE |
| JUSTICE CONNECTION and FORMER ELECTIONS OFFICIALS, CASE NO. 26-7303 |
| 26-7303 |
| October 31, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil Rights Voting |
Docket Report
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This docket was last retrieved on November 3, 2026. A more recent docket listing may be available from PACER.
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Filing 39
ORDER FOR PUBLICATION FILED. (S.R. THOMAS, Senior Circuit Judge and En Banc Coordinator.) The full court was advised of the petition for full court rehearing en banc. A deadline was set by which any judge could request a vote on whether the en banc panels November 3, 2026, order for publication should be reheard en banc before the full court. A judge requested a vote on whether to rehear the en banc panels order en banc before the full court. A majority of the nonrecused active judges did not vote in favor of full court rehearing en banc. Accordingly, the petition for full court rehearing en banc is denied. En banc proceedings with respect to the en banc panels order are concluded. [Entered: 11/03/2026 07:38 PM]
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| Filing 38 RESPONSE to Petition for Full Court En Banc Rehearing (DE 35) filed by Appellant DOJ - United States Department of Justice, Appellant Todd Blanche, Appellant United States Department of Homeland Security, Appellant Markwayne Mullin. [Court update to edit docket text] [Entered: 11/03/2026 04:54 PM] [Edited: 11/03/2026 05:04 PM] |
| Filing 37 NOTICE OF APPEARANCE by Bonnie Robin-Vergeer for Amicus Curiae - Pending Former Elections Officials, Case No. 26-7303. [Entered: 11/03/2026 02:51 PM] |
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Filing 36
ORDER FILED. Defendants are directed to file a response to the petition for rehearing en banc before the full court on or before 5:00 p.m. Pacific Time on Tuesday, November 3. [Entered: 11/03/2026 02:48 PM]
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| Filing 35 PETITION FOR FULL COURT EN BANC REHEARING filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Court edit to reflect correct caption of the filing] [Entered: 11/03/2026 02:29 PM] [Edited: 11/03/2026 02:38 PM] |
| Filing 34 ADDED Amicus Curiae - Pending Former Elections Officials, Case No. 26-7303, Counsel for Amicus Curiae - Pending Bonnie Robin-Vergeer. [Entered: 11/03/2026 02:13 PM] |
| Filing 33 CLERK ACTION: Amicus Brief submitted at DE 13 by Justice Connection is filed. No paper copies are required. [Entered: 11/03/2026 12:05 PM] |
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Filing 32
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA, Ronald M. GOULD, Carlos T. BEA, John B. OWENS, Mark J. BENNETT, Eric D. MILLER, Kenneth K. LEE, Lawrence VANDYKE, Holly A. THOMAS, Roopali H. DESAI, Eric C. TUNG) (Concurrence by Judge MILLER; Dissent by Chief Judge MURGUIA; Dissent by Judge DESAI) A majority of the en banc court has voted to reinstate the three-judge panels order filed on November 2, 2026. Pending further order of the court, the three-judge panel order filed on November 2, 2026, and previously vacated, is reinstated. A copy of the three-judge panel order, a concurrence by Judge Miller, and dissents by Chief Judge Murguia and Judge Desai, are attached. [Entered: 11/03/2026 11:38 AM]
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Filing 31
ORDER FOR PUBLICATION FILED. (MARY H. MURGUIA, Chief Judge). 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 three-judge panel order for publication filed on November 2, 2026, is vacated. [Entered: 11/02/2026 10:23 PM]
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| Filing 30 ADDED Counsel for Appellant Jennifer Utrecht [Entered: 11/02/2026 10:04 PM] |
| Filing 29 SUPPLEMENTAL BRIEF submitted for filing by Appellant DOJ - United States Department of Justice, Appellant Todd Blanche, Appellant United States Department of Homeland Security, Appellant Markwayne Mullin. [Entered: 11/02/2026 09:56 PM] |
| Filing 28 PETITION FOR REHEARING EN BANC filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/02/2026 09:54 PM] |
| Filing 27 NOTICE OF APPEARANCE by Jennifer Utrecht for Appellant DOJ - United States Department of Justice, Appellant Markwayne Mullin, Appellant Todd Blanche, Appellant United States Department of Homeland Security. [Entered: 11/02/2026 09:49 PM] |
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Filing 26
ORDER FILED. A judge of this Court has made a sua sponte request for an en banc vote in this case. The parties are directed to file simultaneous supplemental briefs setting forth their respective positions as to whether this case should be reheard en banc no later than 10:00 p.m. Pacific Time on Monday, November 2, 2026. [Entered: 11/02/2026 08:10 PM]
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Filing 25
ORDER FILED. Any petition for panel rehearing or rehearing en banc from the panels November 2, 2026, order is due at 9:00 p.m. Pacific Time on Monday, November 2, 2026. [Entered: 11/02/2026 07:51 PM]
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Filing 24
ORDER FOR PUBLICATION FILED. (Mary H. MURGUIA, Consuelo M. CALLAHAN, Carlos T. BEA) (Dissent by Chief Judge Murguia) Plaintiffs-Appellees motion to file an oversize brief and amicus curiae Justice Connections motion to file an amicus brief are likewise GRANTED. [SEE ORDER FOR FULL TEXT] For these reasons, we GRANT the Governments motion for stay. [Entered: 11/02/2026 07:45 PM]
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| Filing 23 CITATION of Supplemental Authorities (28j Letter) filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/02/2026 04:05 PM] |
| Filing 22 ADDED Counsel for Appellant Timothy James Betts Borgerson [Entered: 11/02/2026 02:41 PM] |
| Filing 21 NOTICE OF APPEARANCE by Timothy James Betts Borgerson for Appellant DOJ - United States Department of Justice, Appellant Markwayne Mullin, Appellant Todd Blanche, Appellant United States Department of Homeland Security. [Entered: 11/02/2026 01:46 PM] |
| Filing 20 CITATION of Supplemental Authorities (28j Letter) filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/02/2026 01:46 PM] |
| Filing 19 ADDED Counsel for Amicus Curiae - Pending Bruce V. Spiva [Entered: 11/02/2026 09:48 AM] |
| Filing 18 AMICUS BRIEF and MOTION for leave to file amicus brief filed by BIPARTISAN FORMER ELECTION OFFICIALS. [Entered: 11/02/2026 09:42 AM] |
| Filing 17 NOTICE OF APPEARANCE by Bruce V. Spiva for Amicus Curiae - Pending Justice Connection. [Entered: 11/02/2026 09:39 AM] |
| Filing 16 NOTICE OF APPEARANCE by Dana M. Paikowsky for Amicus Curiae - Pending Justice Connection. [Entered: 11/02/2026 09:31 AM] |
| Filing 15 ADDED Amicus Curiae - Pending Justice Connection, Counsel for Amicus Curiae - Pending Dana M. Paikowsky [Entered: 11/02/2026 09:28 AM] |
| Filing 14 SUPPLEMENT to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 11) filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/01/2026 09:35 PM] |
| Filing 13 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Justice Connection. [Entered: 11/01/2026 09:33 PM] |
| Filing 12 MOTION to File Oversized Brief filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/01/2026 09:20 PM] |
| Filing 11 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 9) filed by Appellee Service Employees International Union, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee League of United Latin American Citizens, Appellee National Association for the Advancement of Colored People. [Entered: 11/01/2026 09:07 PM] |
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Filing 10
ORDER FILED. Appellants filed an emergency motion under Circuit Rule 27-3 for immediate administrative stay and stay pending appeal and petition for a writ of mandamus (Docket Entry No. 9). Appellees must file a response to the filing by November 1, 2026 at 9:00 p.m. PST. [Entered: 11/01/2026 04:51 PM]
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| Filing 9 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant DOJ - United States Department of Justice, Appellant Todd Blanche, Appellant United States Department of Homeland Security, Appellant Markwayne Mullin. [Entered: 11/01/2026 03:39 PM] |
| Filing 8 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant DOJ - United States Department of Justice, Appellant Todd Blanche, Appellant United States Department of Homeland Security, Appellant Markwayne Mullin. [Entered: 11/01/2026 03:37 PM] |
| Filing 7 ADDED Counsel for Appellant Sophia Shams [Entered: 10/31/2026 05:24 PM] |
| Filing 6 NOTICE OF APPEARANCE by Sophia Shams for Appellant DOJ - United States Department of Justice, Appellant Markwayne Mullin, Appellant Todd Blanche, Appellant United States Department of Homeland Security. [Entered: 10/31/2026 05:02 PM] |
| Filing 5 ADDED Counsel for Appellant Douglas C. Dreier, Counsel for Appellant Sharon Swingle [Entered: 10/31/2026 04:13 PM] |
| Filing 4 NOTICE OF APPEARANCE by Sharon Swingle for Appellant DOJ - United States Department of Justice, Appellant Markwayne Mullin, Appellant Todd Blanche, Appellant United States Department of Homeland Security. [Entered: 10/31/2026 01:03 PM] |
| Filing 3 NOTICE OF APPEARANCE by Douglas C. Dreier for Appellant DOJ - United States Department of Justice, Appellant Markwayne Mullin, Appellant Todd Blanche, Appellant United States Department of Homeland Security. [Entered: 10/31/2026 01:00 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/9/2026, Corporate Disclosure Statement due (Appellant and Appellee) 11/16/2026,Preliminary Injunction Opening Brief Due (Appellant) 11/30/2026, Preliminary Injunction Answering Brief Due (Appellee) 12/28/2026. For appeal no. 26-7303, 3:26-cv-12800-TLT.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: 10/31/2026 12:39 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:26-cv-12800-TLT 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 26-7303 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: 10/31/2026 12:35 PM] |
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