United States of America v. State of California, et al.
| UNITED STATES OF AMERICA |
| STATE OF CALIFORNIA, GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, in his Official Capacity and ROB BONTA, Attorney General of California, in his Official Capacity |
| CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON |
| 26-926 |
| February 17, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 27 TEXT CLERK ORDER. Appellees' Motion to Extend Time to File the Answering Brief until 04/21/2026 (DE 26) is granted. [Entered: 04/09/2026 01:15 PM] |
| Filing 26 MOTION to Extend Time to File Brief filed by Appellee State of California, Appellee Gavin Newsom, Appellee Rob Bonta. [Entered: 04/09/2026 10:21 AM] |
| Filing 25 CLERK ACTION: Opening Brief submitted at DE 23 and Excerpts of Record submitted at DE 24 by Appellant United States of America are filed. No paper copies are required. [Entered: 03/17/2026 03:06 PM] |
| Filing 24 EXCERPTS OF RECORD submitted for filing by Appellant United States of America. [Entered: 03/17/2026 12:07 PM] |
| Filing 23 OPENING BRIEF submitted for filing by Appellant United States of America. [Entered: 03/17/2026 12:05 PM] |
| Filing 22 ADDED Amicus Curiae - Pending Citizens for Responsibility and Ethics in Washington. [Entered: 02/27/2026 10:11 AM] |
| Filing 21 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Amicus Curiae Citizens for Responsibility and Ethics in Washington. [Entered: 02/26/2026 04:53 PM] [Edited: 02/27/2026 10:06 AM] |
| Filing 20 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by Citizens for Responsibility and Ethics in Washington. (Incorrect entry, see DE 21) [Entered: 02/26/2026 12:57 PM] [Edited: 02/27/2026 10:06 AM] |
| Filing 19 REPLY to Response to Motion for Injunctive Relief (DE 8) filed by Appellant United States of America. [COURT UPDATE: Fixed docket text issue.] [Entered: 02/26/2026 11:36 AM] [Edited: 02/26/2026 01:59 PM] |
| Filing 18 ACKNOWLEDGMENT of hearing notice filed by Mica Moore for Appellee State of California, Appellee Gavin Newsom, Appellee Rob Bonta. Hearing in Pasadena - Courtroom 3 in Pasadena, on 3/3/2026 10:00:00 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: 02/23/2026 03:29 PM] |
| Filing 17 SUPPLEMENT to Response to Motion for Injunctive Relief (DE 8) filed by Appellee State of California, Appellee Gavin Newsom, Appellee Rob Bonta. [Entered: 02/23/2026 03:20 PM] |
| Filing 16 MEDIATION QUESTIONNAIRE filed by Appellant United States of America. 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: 02/23/2026 11:39 AM] |
| Filing 15 ACKNOWLEDGMENT of hearing notice filed by Brett Shumate for Appellant United States of America. Hearing in Pasadena - Courtroom 3 in Pasadena, on 3/3/2026 10:00:00 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: 02/23/2026 09:55 AM] |
| Filing 14 ADDED Counsel for Appellant Brett Shumate [Entered: 02/23/2026 07:35 AM] |
| Filing 13 NOTICE OF APPEARANCE by Brett Shumate for Appellant United States of America. [Entered: 02/21/2026 02:12 PM] |
| Filing 12 CITATION of Supplemental Authorities (28j Letter) filed by Appellant United States of America. [Entered: 02/19/2026 01:12 PM] |
| Filing 11 NOTICE OF ORAL ARGUMENT on Tuesday, March 3, 2026 - 10:00 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. 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. [26-926] [Entered: 02/19/2026 12:01 PM] |
Filing 10
ORDER FILED. Jacqueline H. NGUYEN, Mark J. BENNETT, Daniel P. COLLINS The court has received the governments emergency motion for an injunction pending appeal, which includes a request for a temporary administrative injunction pending full review of the emergency motion for an injunction pending appeal. Dkt. Nos. 45. The request for a temporary administrative injunction is GRANTED. The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction. Feldman v. Ariz. Secy of States Off., 843 F.3d 366, 367 (9th Cir. 2016) (en banc). A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).1 We have evaluated these factors at this very preliminary stage of this appeal, and we conclude that the government has made a sufficient showing to warrant a temporary administrative injunction pending completion of full briefing on the governments emergency motion for an injunction pending appeal. We therefore grant a temporary administrative injunction, which will remain in effect until the court rules on the governments motion for an injunction pending appeal. The State of California, Governor Gavin Newsom, and Attorney General Rob Bonta are enjoined, pending further order of this court, from applying or enforcing Section 10 of the No Vigilantes Act, S.B. 805, 2025 Gen. Assemb., Reg. Sess. (Cal. 2025) (codified at Cal. Penal Code 13654), against federal agencies and officers. The response to the emergency motion is due February 23, 2026 at 5:00 PM PST. The optional reply in support of the emergency motion is due February 26, 2026 at 5:00 PM PST. The panel will hold oral argument on the emergency motion for an injunction pending appeal on March 3, 2026 at 10:00 AM PST at the Richard H. Chambers Courthouse in Pasadena, California. [Entered: 02/19/2026 10:53 AM]
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| Filing 9 REPLY to Response to Motion for Injunctive Relief (DE 8) filed by Appellant United States of America. [Entered: 02/18/2026 07:15 PM] |
| Filing 8 RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee State of California, Appellee Gavin Newsom, Appellee Rob Bonta. [Entered: 02/18/2026 02:34 PM] |
| Filing 7 ADDED Counsel for Appellee Mica Moore [Entered: 02/18/2026 01:47 PM] |
| Filing 6 NOTICE OF APPEARANCE by Mica Moore for Appellee Gavin Newsom, Appellee Rob Bonta, Appellee State of California. [Entered: 02/18/2026 01:27 PM] |
| Filing 5 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant United States of America. [Entered: 02/18/2026 10:11 AM] |
| Filing 4 MOTION for Injunctive Relief filed by Appellant United States of America. [Entered: 02/18/2026 10:07 AM] |
| Filing 3 Attorney Eric Dean McArthur as Counsel for Appellant, Daniel Tenny as Counsel for Appellant, Andrew Marshall Bernie as Counsel for Appellant substituted for Attorney Brett Shumate, Jacob Moshe Roth, Eric Hamilton, Sean Skedzielewski, Bilal Essayli. [Entered: 02/18/2026 09:16 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 2/23/2026, Preliminary Injunction Opening Brief Due (Appellant) 3/17/2026, Preliminary Injunction Answering Brief Due (Appellee) 4/14/2026. For appeal no. 26-926, 2:25-cv-10999-CAS-AJR.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: 02/17/2026 10:38 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-10999-CAS-AJR 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 26-926 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: 02/17/2026 10:36 AM] |
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