Case: Idaho Federation of Teachers v. Labrador

1:23-cv-00353 | U.S. District Court for the District of Idaho

Filed Date: Aug. 8, 2023

Closed Date: July 2, 2024

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Case Summary

This case is about Idaho’s No Public Funds for Abortion Act (“NPFAA”), which criminalized the use of public funds to “promote abortion” or “counsel in favor of abortion.” On August 8, 2023, two unions – the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers – and six university professors filed this lawsuit in the U.S. District Court of Idaho. Plaintiffs, represented by the ACLU, the ACLU of Idaho, and private counsel,…

This case is about Idaho’s No Public Funds for Abortion Act (“NPFAA”), which criminalized the use of public funds to “promote abortion” or “counsel in favor of abortion.”

On August 8, 2023, two unions – the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers – and six university professors filed this lawsuit in the U.S. District Court of Idaho. Plaintiffs, represented by the ACLU, the ACLU of Idaho, and private counsel, sued the state Attorney General, the Ada County Prosecuting Attorney, the Bannock County Prosecuting Attorney, and the Latah County Prosecuting Attorney.

Plaintiffs alleged that by restricting faculty’s academic speech at Idaho public universities the NPFAA violated the First Amendment. They also alleged that the statute was unconstitutionally vague under the Fourteenth Amendment, as the line between permissible speech and speech that “promotes” or “counsels in favor of” abortion is unclear. Plaintiffs sought preliminary and permanent injunctive relief that would restrain Defendants from enforcing the NPFAA, as well as a declaration that the NPFAA is unconstitutional under the First and Fourteenth Amendments and reasonable attorneys fees. The case was assigned to Judge David C. Nye.

On September 15, 2023, in response to a request from a member of the state House of Representatives for clarification regarding how the NFPAA applies to Idaho professors and educators, the Attorney General issued an opinion letter. In the letter, the Attorney General explained that academic speech regarding, and even in favor of, abortion, does not fall under the NFPAA and so would not be prosecuted.

On October 26, defendant Ada County Prosecuting Attorney filed a motion to dismiss for lack of jurisdiction. On November 2, the Attorney General and the Prosecuting Attorneys of Bannock County and Latah County filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. A hearing on the motions was held on April 9, 2024.

On July 2, 2024, Judge Ny granted the Attorney General’s motion to dismiss, denied the Ada County Prosecuting Attorney’s motion to dismiss, and denied plaintiffs’ motion for preliminary injunction. Judge Nye held that plaintiffs lacked standing to sue on either of their claims. In his reasoning, Judge Nye found that the Attorney General of Idaho assurances that it would not prosecute plaintiffs for the speech at issue in this case – given in the opinion letter, in briefing and in oral argument – served as a disavowal of prosecution. Accordingly, considering two different tests to establish sufficient injury for standing, the court held that plaintiffs did not have a substantial fear of harm and that defendants had not communicated any warning or threat of prosecution. Considering plaintiffs’ argument that the statute was unconstitutionally vague, Judge Nye held that, while the language itself was unclear, the enforcement body had told plaintiffs how it interpreted and would enforce the statute, and that the conduct at issue in this case was not included.

While the case was dismissed, Judge Nye emphasized that the dismissal was a procedural ruling, not a ruling on the constitutionality of the statute.

The case is now closed.

Summary Authors

Avery Coombe (12/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67674215/parties/idaho-federation-of-teachers-v-labradoret-al/

Judge(s)

Attorney for Plaintiff

Babad, Margaret (Idaho)

Barnett, Amanda (Idaho)

Beck, Andrew (Idaho)

Birch, Erika (Idaho)

Attorney for Defendant

Church, Brian V (Idaho)

Judge(s)

Nye, David Charles (Idaho)

Attorney for Plaintiff

Babad, Margaret (Idaho)

Barnett, Amanda (Idaho)

Beck, Andrew (Idaho)

Birch, Erika (Idaho)

Conley, Danielle (Idaho)

Deger-Sen, Samir (Idaho)

Drain, Cherish A. (Idaho)

Eidelman, Vera (Idaho)

Gyori, Elizabeth Hui (Idaho)

Kim, Scarlet (Idaho)

Kreimer, Seth F (Idaho)

Marandola, Marissa (Idaho)

Southwick, Paul Carlos (Idaho)

Trombly, Peter (Idaho)

True, Emily (Idaho)

Upshaw, Margaret Allison (Idaho)

Attorney for Defendant

Church, Brian V (Idaho)

Reed, Dayton Patrick (Idaho)

Wilson, Lincoln Davis (Idaho)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:23-cv-00353	Complaint	Aug. 8, 2023	Aug. 8, 2023 Complaint
62 1:23-cv-00353	Memorandum Decision and Order	July 2, 2024	July 2, 2024 Order/Opinion 2024 WL 3276835

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Idaho Federation of Teachers v. Labrador	The ACLU, the ACLU of Idaho, Professor Seth Kreimer, and law firm Strindberg Scholnick Birch Hallam Harstad Thorne filed a lawsuit on behalf of two teachers’ unions and six professors in the U.S. Dis…	Aug. 7, 2023	Aug. 7, 2023 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67674215/idaho-federation-of-teachers-v-labradoret-al/

Last updated April 14, 2026, 5:14 a.m.

ECF Number	Date	Description	Link
1	Aug. 8, 2023	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BIDDC-2609984.), filed by All Plaintiffs. (Attachments: # 1 eFile Cover Sheet, # 2 Summons for Raul Labrador, # 3 Summons for Jan M. Bennetts, # 4 Summons for Stephen F. Herzog, # 5 Summons for Bill Thompson)(Birch, Erika) 1 eFile Cover Sheet View on PACER 2 Summons for Raul Labrador View on PACER 3 Summons for Jan M. Bennetts View on PACER 4 Summons for Stephen F. Herzog View on PACER 5 Summons for Bill Thompson View on PACER	Clearinghouse
2	Aug. 8, 2023	MOTION for Preliminary Injunction Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Attachments: # 1 Memorandum in Support of Motion, # 2 Affidavit of Attorney Scarlet Kim, # 3 Exhibit 1 to Kim Declaration, # 4 Exhibit 2 to Kim Declaration, # 5 Exhibit 3 to Kim Declaration, # 6 Exhibit 4 to Kim Declaration, # 7 Exhibit 5 to Kim Declaration, # 8 Exhibit 6 to Kim Declaration, # 9 Exhibit 7 to Kim Declaration, # 10 Exhibit 8 to Kim Declaration, # 11 Exhibit 9 to Kim Declaration, # 12 Affidavit of Martin Orr, President of the Idaho Federation of Teachers ("State Federation"), # 13 Exhibit A to Orr Declaration, # 14 Affidavit of Luigi Boschetti, Former President of the University of Idaho Faculty Federation, Local 3215, # 15 Exhibit A to Boschetti Declaration, # 16 Affidavit of Aleta Quinn, # 17 Exhibit A to Quinn Declaration, # 18 Exhibit B to Quinn Declaration, # 19 Exhibit C to Quinn Declaration, # 20 Exhibit D to Quinn Declaration, # 21 Exhibit E to Quinn Declaration, # 22 Exhibit F to Quinn Declaration, # 23 Exhibit G to Quinn Declaration, # 24 Affidavit of Casey Johnson, # 25 Exhibit A to Johnson Declaration, # 26 Exhibit B to Johnson Declaration, # 27 Exhibit C to Johnson Declaration, # 28 Affidavit of Markie McBrayer, # 29 Exhibit A to McBrayer Declaration, # 30 Exhibit B to McBrayer Declaration, # 31 Affidavit of Zachary Turpin, # 32 Exhibit A to Turpin Declaration, # 33 Affidavit of Kathryn Blevins, # 34 Exhibit A to Blevins Declaration, # 35 Affidavit of Heather Witt, # 36 Exhibit A to Witt Declaration)(Birch, Erika) 1 Memorandum in Support of Motion View on RECAP 2 Affidavit of Attorney Scarlet Kim View on PACER 3 Exhibit 1 to Kim Declaration View on PACER 4 Exhibit 2 to Kim Declaration View on PACER 5 Exhibit 3 to Kim Declaration View on PACER 6 Exhibit 4 to Kim Declaration View on PACER 7 Exhibit 5 to Kim Declaration View on RECAP 8 Exhibit 6 to Kim Declaration View on PACER 9 Exhibit 7 to Kim Declaration View on PACER 10 Exhibit 8 to Kim Declaration View on PACER 11 Exhibit 9 to Kim Declaration View on PACER 12 Affidavit of Martin Orr, President of the Idaho Federation of Teachers ("St View on PACER 13 Exhibit A to Orr Declaration View on PACER 14 Affidavit of Luigi Boschetti, Former President of the University of Idaho Facult View on PACER 15 Exhibit A to Boschetti Declaration View on PACER 16 Affidavit of Aleta Quinn View on PACER 17 Exhibit A to Quinn Declaration View on PACER 18 Exhibit B to Quinn Declaration View on PACER 19 Exhibit C to Quinn Declaration View on PACER 20 Exhibit D to Quinn Declaration View on PACER 21 Exhibit E to Quinn Declaration View on PACER 22 Exhibit F to Quinn Declaration View on PACER 23 Exhibit G to Quinn Declaration View on PACER 24 Affidavit of Casey Johnson View on PACER 25 Exhibit A to Johnson Declaration View on PACER 26 Exhibit B to Johnson Declaration View on PACER 27 Exhibit C to Johnson Declaration View on PACER 28 Affidavit of Markie McBrayer View on PACER 29 Exhibit A to McBrayer Declaration View on PACER 30 Exhibit B to McBrayer Declaration View on PACER 31 Affidavit of Zachary Turpin View on PACER 32 Exhibit A to Turpin Declaration View on PACER 33 Affidavit of Kathryn Blevins View on PACER 34 Exhibit A to Blevins Declaration View on PACER 35 Affidavit of Heather Witt View on PACER 36 Exhibit A to Witt Declaration View on PACER	RECAP
3	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Scarlet Kim. ( Filing fee $ 250 receipt number AIDDC-2610070.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
4	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Andrew Beck. ( Filing fee $ 250 receipt number AIDDC-2610075.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
5	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Gyori. ( Filing fee $ 250 receipt number AIDDC-2610082.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
6	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Seth Kreimer. ( Filing fee $ 250 receipt number AIDDC-2610092.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
7	Aug. 8, 2023	DISREGARD - MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika) Modified on 8/8/2023, see corrective entry(jd).	RECAP
8	Aug. 8, 2023	AMENDED DOCUMENT by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Amendment to 7 MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.) . (Birch, Erika)	RECAP
9	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Amanda Barnett. ( Filing fee $ 250 receipt number AIDDC-2610167.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
10	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Danielle Conley. ( Filing fee $ 250 receipt number AIDDC-2610175.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
11	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Samir Deger-Sen. ( Filing fee $ 250 receipt number AIDDC-2610186.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
12	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Cherish A. Drain. ( Filing fee $ 250 receipt number AIDDC-2610195.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
13	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Marissa Marandola. ( Filing fee $ 250 receipt number AIDDC-2610207.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
14	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Peter Trombly. ( Filing fee $ 250 receipt number AIDDC-2610212.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
15	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Emily True. ( Filing fee $ 250 receipt number AIDDC-2610222.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
16	Aug. 8, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Margaret A. Upshaw. ( Filing fee $ 250 receipt number AIDDC-2610240.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 8/29/2023 (Birch, Erika)	RECAP
17	Aug. 8, 2023	DOCKET ENTRY ORDER approving dkt. 3, 4, 5, 6, 9, and 10 Motion for Pro Hac Vice Appearance of the following attorney's; Scarlet Kim, Andrew Beck, Elizabeth Gyori, Seth Kreimer, Amanda Barnett, and Danielle Conley for Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, and Heather Witt. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/09/2023)	RECAP
18	Aug. 8, 2023	DOCKET ENTRY ORDER approving dkt. 7 and dkt. 11 Motion for Pro Hac Vice Appearance of attorney Margaret Babad, and Samir Deger-Sen for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, and Heather Witt. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/09/2023)	RECAP
19	Aug. 8, 2023	DOCKET ENTRY ORDER approving dkt. 12, dkt. 13 Motion for Pro Hac Vice Appearance of attorney; Cherish A. Drain, and Marissa Marandola for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin,University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/09/2023)	RECAP
20	Aug. 8, 2023	DOCKET ENTRY ORDER approving dkt. 14, dkt. 15 and dkt. 16 Motion for Pro Hac Vice Appearance for attorney's Peter Trombly,Emily True,Margaret Allison Upshaw for Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/09/2023)	RECAP
	Aug. 8, 2023	Corrective Entry
	Aug. 8, 2023	CORRECTIVE ENTRY - The entry docket number 7 MOTION FOR PRO HAC VICE APPEARANCE by Margaret Babad. ( Filing fee $ 250 receipt number AIDDC-2610111.) is not signed. The filing party shall re-submit their correct filing.(jd)
21	Aug. 9, 2023	Summons Issued as to Jan M. Bennetts, Stephen F Herzog, Raul Labrador, Bill Thompson. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(ac) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER	RECAP
22	Aug. 16, 2023	NOTICE of Appearance by Brian V Church on behalf of Stephen F Herzog, Raul Labrador, Bill Thompson (Church, Brian)	RECAP
23	Aug. 16, 2023	Consent MOTION for Extension of Time to File Answer re 1 Complaint,, Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction ( Responses due by 9/6/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Church, Brian)	RECAP
24	Aug. 16, 2023	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Kathryn Blevins, Stephen F Herzog, Idaho Federation of Teachers, Casey Johnson, Raul Labrador, Markie McBrayer, Aleta Quinn, Bill Thompson, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt re. dkt 22 Notice of Appearance, dkt. 1 Complaint. Consent/Objection to Magistrate due by 10/16/2023. (ac) (Entered: 08/17/2023)	RECAP
25	Aug. 21, 2023	MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Dayton Patrick Reed appearing for Defendant Jan M. Bennetts. Responses due by 9/11/2023 (Reed, Dayton)	RECAP
26	Aug. 21, 2023	ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Unopposed Motion for Extension of Time (Dkt. 23 ) is GRANTED. Defendants Labrador, Thompson, and Herzog shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before September 14, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 08/22/2023)	RECAP
27	Aug. 22, 2023	ORDER GRANTING PROSECUTOR BENNETTS' UNOPPOSED MOTION FOR EXTENSION OF TIME (DKT. 25 ) - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	RECAP
	Aug. 22, 2023	Set Motion and R&R Deadlines/Hearings
	Aug. 22, 2023	Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Responses due by 9/14/2023. (jd)
28	Aug. 24, 2023	SUMMONS Returned Executed by Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Casey Johnson, Markie McBrayer, Heather Witt, Idaho Federation of Teachers, Kathryn Blevins, Aleta Quinn. Jan M. Bennetts served on 8/10/2023, answer due 9/14/2023; Stephen F Herzog served on 8/15/2023, answer due 9/14/2023; Raul Labrador served on 8/10/2023, answer due 9/14/2023. (Attachments: # 1 Summons Returned Executed, Herzog, # 2 Summons Returned Executed, Bennetts)(Birch, Erika) 1 Summons Returned Executed, Herzog View on PACER 2 Summons Returned Executed, Bennetts View on PACER	RECAP
29	Aug. 28, 2023	SUMMONS Returned Executed by Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Casey Johnson, Markie McBrayer, Heather Witt, Idaho Federation of Teachers, Kathryn Blevins, Aleta Quinn. Bill Thompson served on 8/15/2023, answer due 9/14/2023. (Birch, Erika)	RECAP
30	Sept. 12, 2023	Consent MOTION for Extension of Time to File Answer re 1 Complaint,, Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction ( Responses due by 10/3/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Church, Brian)	RECAP
31	Sept. 14, 2023	ORDER GRANTING DEFENDANTS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Second Unopposed Motion for Extension of Time (Dkt. 30 ) is GRANTED. Defendants shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before September 28, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)	RECAP
32	Sept. 14, 2023	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Jan M. Bennetts re 25 MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction. Consent/Objection to Magistrate due by 11/13/2023. (ac)	RECAP
33	Sept. 25, 2023	Consent MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 10/16/2023 (Church, Brian)	RECAP
34	Sept. 26, 2023	ORDER GRANTING DEFENDANTS' THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS HEREBY ORDERED that Defendants' Second Unopposed Motion for Extension of Time (Dkt. 33 ) is GRANTED. Defendants shall respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before October 12, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)	RECAP
35	Oct. 12, 2023	Consent MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 11/2/2023 (Church, Brian)	RECAP
36	Oct. 12, 2023	DOCKET ENTRY ORDER. Before the Court is Defendants' Fourth Unopposed Motion for Extension. Dkt. 35 . Good cause appearing, the same is GRANTED. Defendants shall answer or otherwise respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before October 26, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)	RECAP
37	Oct. 18, 2023	The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jd)	RECAP
38	Oct. 26, 2023	MOTION to Dismiss for Lack of Jurisdiction Dayton Patrick Reed appearing for Defendant Jan M. Bennetts. Responses due by 11/16/2023 (Attachments: # 1 Memorandum in Support)(Reed, Dayton) 1 Memorandum in Support View on RECAP	RECAP
39	Oct. 26, 2023	RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Jan M. Bennetts. Replies due by 11/9/2023.(Reed, Dayton)	RECAP
40	Oct. 26, 2023	Consent MOTION for Extension of Time to File Answer re: 1 complaint, 2 Motion for Preliminary Injunction Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. Responses due by 11/16/2023 (Church, Brian)	RECAP
41	Oct. 27, 2023	DOCKET ENTRY ORDER. Before the Court is (certain) Defendants' Fifth Unopposed Motion for Extension. Dkt. 40 . Good cause appearing, the same is GRANTED. Those Defendants shall answer or otherwise respond to Plaintiffs' Complaint and Motion for Preliminary Injunction on or before November 2, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)	RECAP
42	Nov. 2, 2023	MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Stephen F Herzog, Raul Labrador, Bill Thompson. Replies due by 11/16/2023. (Attachments: # 1 Declaration of Counsel, # 2 Exhibit A)(Church, Brian)	RECAP
43	Nov. 2, 2023	Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/24/2023)Brian V Church appearing for Defendants Stephen F Herzog, Raul Labrador, Bill Thompson. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Counsel, # 3 Exhibit A)(Church, Brian) 1 Memorandum in Support View on RECAP 2 Declaration of Counsel View on RECAP 3 Exhibit A View on RECAP	RECAP
44	Nov. 7, 2023	MOTION FOR PRO HAC VICE APPEARANCE by Vera Eidelman. ( Filing fee $ 250 receipt number AIDDC-2657310.)Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 11/28/2023 (Birch, Erika)	RECAP
46	Nov. 7, 2023	DOCKET ENTRY ORDER approving dkt. 44 Motion for Pro Hac Vice Appearance of attorney Vera Eidelman for Kathryn Blevins, Idaho Federation of Teachers,Casey Johnson, Markie McBrayer, Aleta Quinn,Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers,and Heather Witt Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) (Entered: 11/08/2023)	RECAP
45	Nov. 8, 2023	Consent MOTION for Extension of Time to File Response/Reply as to 39 Response to Motion Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 11/29/2023 (Birch, Erika)	RECAP
47	Nov. 9, 2023	ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 11/14/2023)	RECAP
48	Nov. 15, 2023	Joint MOTION for Extension of Time to File Response/Reply as to 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 42 Memorandum in Opposition to Motion Erika Birch appearing for Plaintiffs Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Responses due by 12/6/2023 (Birch, Erika)	RECAP
49	Nov. 15, 2023	ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME - Pursuant to the Parties' Joint Motion for Extension of Time (Dkt. 48 ), the Court hereby ORDERS that the deadline for Plaintiffs' reply in support of their Motion for Preliminary Injunction and Plaintiffs' opposition to Defendants' Motion to Dismiss is extended to December 8, 2023, and the deadline for Defendants' reply in support of their Motion to Dismiss is moved to January 5, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)	RECAP
	Nov. 15, 2023	Set/Reset Deadlines as to dkt. 43 ; Replies due by 1/5/2024. (ac)
50	Nov. 16, 2023	RESPONSE to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction REPLY filed by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Replies due by 11/30/2023.(Birch, Erika)	RECAP
51	Nov. 30, 2023	REPLY to Response to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Jan M. Bennetts.Motion Ripe Deadline set for 12/1/2023.(Reed, Dayton)	RECAP
52	Dec. 8, 2023	RESPONSE to Motion re 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction REPLY filed by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt. Replies due by 12/22/2023.(Birch, Erika)	RECAP
53	Jan. 5, 2024	REPLY to Response to Motion re 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Stephen F Herzog, Raul Labrador, Bill Thompson.Motion Ripe Deadline set for 1/8/2024.(Church, Brian)	RECAP
54	Jan. 18, 2024	NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt of Firm Name Change (Birch, Erika)	RECAP
55	Jan. 25, 2024	DOCKET ENTRY NOTICE of Hearing on Motion 38 MOTION to Dismiss for Lack of Jurisdiction, 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 2 MOTION for Preliminary Injunction : Motion Hearing set for 4/9/2024 at 09:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (pr)	RECAP
56	Feb. 13, 2024	NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt of Withdrawal of Counsel (Birch, Erika)	RECAP
57	April 3, 2024	NOTICE of Appearance by Paul Carlos Southwick on behalf of All Plaintiffs (Southwick, Paul)	RECAP
58	April 4, 2024	NOTICE by Stephen F Herzog, Raul Labrador, Bill Thompson of Supplemental Authority (Attachments: # 1 Exhibit A - Peace Ranch, LLC v. Bonta decision, # 2 Exhibit B - Peace Ranch, LLC v. Bonta mandate)(Church, Brian)	RECAP
59	April 9, 2024	Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 4/9/2024 re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Jan M. Bennetts, 43 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Raul Labrador, Stephen F Herzog, Bill Thompson, 2 MOTION for Preliminary Injunction filed by Heather Witt, Casey Johnson, Idaho Federation of Teachers, Markie McBrayer, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Aleta Quinn, Kathryn Blevins. Matter taken under advisement with a decision to be forthcoming. (Court Reporter/Anne Bowline.) (jm)	RECAP
60	April 18, 2024	NOTICE by Kathryn Blevins, Idaho Federation of Teachers, Casey Johnson, Markie McBrayer, Aleta Quinn, Zachary Turpin, University of Idaho Faculty Federation, Local 3215 of the American Federation of Teachers, Heather Witt Notice of Withdrawal (Flores-Brewer, Dina)	RECAP
61	May 1, 2024	Notice of Filing of Official Transcript of Motions Hearing Proceedings held on 4/9/2024 before Judge David C. Nye. Court Reporter Anne Bowline, Email Anne_Bowline@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction. Redaction Request due 5/22/2024. Redacted Transcript Deadline set for 6/3/2024. Release of Transcript Restriction set for 7/30/2024. (amb)	RECAP
62	July 2, 2024	MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED: Plaintiffs' Motion for Preliminary Injunction (Dkt. 2 ) is DENIED. Defendant Bennetts' Motion to Dismiss (Dkt. 38 ) is DENIED. AG Labrador's Motion to Dismiss (Dkt. 43 ) is GR ANTED. This case is DISMISSED and CLOSED. The Court will enter a separate judgment in accordance with Federal Rule of Civil Procedure 58. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)	RECAP
63	July 2, 2024	JUDGMENT - In accordance with the Court's memorandum decision and order entered concurrently herewith, judgment is hereby entered in favor of Defendants and this case is CLOSED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)	RECAP

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Case Details

State / Territory:

Idaho

Case Type(s):

Speech and Religious Freedom

Education

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Aug. 8, 2023

Closing Date: July 2, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two teachers’ unions — the Idaho Federation of Teachers and the University of Idaho Teachers Federation, Local 3215 of the American Federation of Teachers — and six university professors, who teach public universities in Idaho. Plaintiffs teach about abortion across a variety of disciplines.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Prosecuting Attorney

State

Idaho Attorney General

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

District of Idaho 1:23-cv-00353

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Funding

Reproductive rights:

Abortion

Recommended Citation

Case Summary of Idaho Federation of Teachers v. Labrador, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44288/ (last updated 12/22/2024).