Case: The Satanic Temple v. Little

1:22-cv-00411 | U.S. District Court for the District of Idaho

Filed Date: Sept. 30, 2022

Case Ongoing

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Case Summary

This is a case concerning the religious freedom to perform and receive an abortion. On March 14th, 2022, Idaho enacted a ban on abortions after six weeks, Idaho Code § 18-8804, after a “fetal heartbeat” has been detected (“the Fetal Heartbeat Ban.”). Later that year, on August 25th, the state enacted a near-total ban on abortion,  Idaho Code §§ 18- 622, allowing exceptions only for rape, incest and for the safety of the mother (“the Criminal Abortion Statute”).  On September 30, 2022 The Satani…

This is a case concerning the religious freedom to perform and receive an abortion.

On March 14th, 2022, Idaho enacted a ban on abortions after six weeks, Idaho Code § 18-8804, after a “fetal heartbeat” has been detected (“the Fetal Heartbeat Ban.”). Later that year, on August 25th, the state enacted a near-total ban on abortion,  Idaho Code §§ 18- 622, allowing exceptions only for rape, incest and for the safety of the mother (“the Criminal Abortion Statute”). 

On September 30, 2022 The Satanic Temple (“TST”) filed a lawsuit challenging the two bans in the US District Court of Idaho. Represented by private counsel, TST sued the Governor and Attorney General of Idaho. TST alleged that the two bans unconstitutionally took the property of involuntary pregnant women without just compensation, subjected involuntary pregnant women to involuntary servitude, and unconstitutionally discriminated between women who become pregnant by accident and those who become pregnant after rape or incest. It also alleged violation of Idaho’s exercise of religious freedom act because the law makes the exercise of the Satanic Abortion Ritual a crime. Plaintiffs sought a permanent injunction against enforcing the law. The case was originally assigned to Judge Raymond Edward Patricco but was later reassigned to Judge David Nye. 

On November 22, defendants filed a motion to dismiss. On December 13th, 2022, The Satanic Church filed an amended complaint. The amended complaint added the State of Idaho and a county prosecutor as defendants, and it removed the state attorney general. The court denied defendants’ motion to dismiss as moot on January 3, 2023, and defendants filed a new motion to dismiss on March 14. The court heard oral argument on the motion on December 6, 2023.

On January 31, 2024 the court granted the motion to dismiss and closed the case. In the opinion, the court dismissed the State of Idaho as a defendant as the state had not waived its sovereign immunity and therefore could not be sued in federal court. It also held that TST lacked associational standing, as it had not identified any of its members who had suffered harm from the bans, and lacked standing for itself, because it had not shown it suffered an injury. As well, it rejected TST’s arguments that a woman’s uterus is property and that forcing pregnant women to remain pregnant is involuntary servitude. Lastly, it held that there was no equal protection violation because (a) a fundamental right is not at issue and (b) even if one were, the statutes were narrowly tailored to the compelling state interests of protecting unborn life and rape victims.

The Satanic Church filed an appeal with the Ninth Circuit on March 1, 2024. This case is ongoing.

Summary Authors

Daria Wick (2/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65392308/parties/the-satanic-temple-v-little/


Documents in the Clearinghouse

Documents in this case
1

1:22-cv-00411

Complaint

Sept. 30, 2022

Sept. 30, 2022

Complaint
15

1:22-cv-00411

First Amended Complaint

The Satanic Temple v. Labrador

Dec. 13, 2022

Dec. 13, 2022

Complaint
49

1:22-cv-00411

Memorandum Decision and Order

The Satanic Temple v. Labrador

Jan. 31, 2024

Jan. 31, 2024

Order/Opinion

716 F.Supp.3d 989

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65392308/the-satanic-temple-v-little/

Last updated March 25, 2026, 4:43 a.m.

ECF Number Date Description Link
1 Sept. 30, 2022

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AIDDC-2458376.), filed by The Satanic Temple. (Attachments: # 1 Summons Brad Little, # 2 Summons Lawrence Wasden, # 3 Cover Sheet)(Hudson, Jeremiah)

1 Summons Brad Little

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2 Summons Lawrence Wasden

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3 Cover Sheet

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2 Sept. 30, 2022

MOTION FOR PRO HAC VICE APPEARANCE by W. James Mac Naughton. ( Filing fee $ 250 receipt number AIDDC-2458403.)Jeremiah Matthew Hudson appearing for Plaintiff The Satanic Temple. Responses due by 10/21/2022 (Hudson, Jeremiah)

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3 Oct. 3, 2022

DOCKET ENTRY ORDER APPROVING (DKT. 2 ) Motion for Pro Hac Vice Appearance of attorney W. James Mac Naughton for The Satanic Temple 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 (lm)

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4 Oct. 3, 2022

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons)(lm)

1 Summons

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5 Oct. 11, 2022

SUMMONS Returned Executed by The Satanic Temple. Brad Little served on 10/7/2022, answer due 10/28/2022. (Hudson, Jeremiah)

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6 Oct. 11, 2022

SUMMONS Returned Executed by The Satanic Temple. Lawrence Wasden served on 10/7/2022, answer due 10/28/2022. (Hudson, Jeremiah)

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7 Oct. 27, 2022

STIPULATION re 1 Complaint Extension of Time to File Defendants' Responsive Pleading by Brad Little, Lawrence Wasden. (Church, Brian)

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8 Oct. 27, 2022

DOCKET ENTRY ORDER ADOPTING 7 Stipulation. Defendants shall file their responsive pleading to the Complaint on or before November 15, 2022. Signed by Judge Raymond E. Patricco, Jr. (dg)

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9 Oct. 28, 2022

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Brad Little, The Satanic Temple, Lawrence Wasden re 7 Stipulation, 1 Complaint Consent/Objection to Magistrate due by 12/27/2022. (lm)

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10 Nov. 14, 2022

STIPULATION (Second) Re Extension of Time to File Defendants' Responsive Pleading by Brad Little, Lawrence Wasden. (Church, Brian)

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11 Nov. 16, 2022

DOCKET ENTRY ORDER ADOPTING 10 Stipulation. Defendants shall respond to Plaintiff's Complaint on or before November 22, 2022. Signed by Judge Raymond E. Patricco, Jr. (dg)

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12 Nov. 22, 2022

MOTION to Dismiss Brian V Church appearing for Defendants Brad Little, Lawrence Wasden. Responses due by 12/13/2022 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Church, Brian)

1 Memorandum in Support of Motion to Dismiss

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13 Dec. 2, 2022

STIPULATION Extension of Time to File Plaintiffs Response to Defendants Motion to Dismiss by The Satanic Temple. (Hudson, Jeremiah)

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14 Dec. 2, 2022

DOCKET ENTRY ORDER ADOPTING 13 Stipulation. Plaintiff shall respond to 12 Defendants' Motion to Dismiss on or before January 3, 2023. Signed by Judge Raymond E. Patricco, Jr. (dg)

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15 Dec. 13, 2022

AMENDED COMPLAINT against RAUL LABRADOR, Jan M. Bennetts, filed by The Satanic Temple. (Attachments: # 1 Exhibit A-The Satanic Abortion Ritual)(Mac Naughton, William)

1 Exhibit A-The Satanic Abortion Ritual

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16 Dec. 21, 2022

NOTICE by Brad Little, Lawrence Wasden of withdrawal of counsel (Reed, Dayton)

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17 Dec. 28, 2022

The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (lm)

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Dec. 28, 2022

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge Raymond Edward Patricco, Jr no longer assigned to case. Please use this case number on all future pleadings, 1:22-cv-00411-DCN (lm)

18 Jan. 3, 2023

ORDER - Defendants Brad Little and Lawrence Wasdens Motion to Dismiss (Dkt. 12 ) is DISMISSED as MOOT. Defendants Brad Little and Lawrence Wasden are DISMISSED as Defendants. Once the new Defendants are served, and appear (via motion orappearance), the case will continue forward. 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 (lm)

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19 Jan. 23, 2023

WAIVER OF SERVICE Returned Executed by The Satanic Temple. The State of Idaho waiver sent on 1/13/2023, answer due 3/14/2023. (Hudson, Jeremiah)

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20 Jan. 23, 2023

WAIVER OF SERVICE Returned Executed by The Satanic Temple. Jan M. Bennetts waiver sent on 1/13/2023, answer due 3/14/2023. (Hudson, Jeremiah)

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21 Jan. 23, 2023

WAIVER OF SERVICE Returned Executed by The Satanic Temple. RAUL LABRADOR waiver sent on 1/13/2023, answer due 3/14/2023. (Hudson, Jeremiah)

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22 Feb. 17, 2023

NOTICE of Appearance by Lincoln Davis Wilson on behalf of Jan M. Bennetts, RAUL LABRADOR, The State of Idaho (Wilson, Lincoln)

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23 March 14, 2023

Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction Lincoln Davis Wilson appearing for Defendants Jan M. Bennetts, RAUL LABRADOR, The State of Idaho. Responses due by 4/4/2023 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Wilson, Lincoln) Modified on 5/4/2023 to make motion pending (lm).

1 Memorandum in Support

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2 Exhibit A

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24 March 28, 2023

STIPULATION to Extend Time to File Plaintiff's Response to Defendants' Motion to Dismiss by The Satanic Temple. (Hudson, Jeremiah)

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25 March 29, 2023

ORDER RE: STIPULATED EXTENSION OF TIME TO FILE PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS - The parties Stipulated Extension of Time to File Plaintiffs Response to Defendants Motion to Dismiss (Dkt. 24 ) is GRANTED, and the time for Plaintiff to file Plaintiffs Response to Defendants Motion to Dismiss in this matter is extended to May 4, 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 (lm)

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March 29, 2023

Set/Reset Deadlines as to 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction. Plaintiff's Response to Defendants Motion to Dismiss is due by 5/4/2023 (lm)

26 April 21, 2023

STIPULATION to Exceed Page Limits and Extend Time by The Satanic Temple. (Hudson, Jeremiah)

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27 May 1, 2023

DOCKET ENTRY ORDER. Pending before the Court is the parties' stipulation (Dkt. 26 ). Good cause appearing, the same is APPROVED. Both parties may have five (5) additional pages for the remaining briefs on the present Motion to Dismiss. Additionally, Defendants' reply is extended and due on or before June 1, 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)

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28 May 2, 2023

STIPULATION re Limited Confidentiality of Expert Witness by The Satanic Temple. (Hudson, Jeremiah)

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May 2, 2023

Plaintiff's Reply to Defendants Motion to Dismiss is due by 6/1/2023. (lm)

29 May 3, 2023

ORDER RE: STIPULATION TO REDACT AND KEEP CONFIDENTIAL THE NAME OF PLAINTIFFS EXPERT MEDICAL WITNESS FROM PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS - The parties Stipulation is GRANTED, and the name and identifying information pertaining to Plaintiffs expert witness shall be redacted from filings associated with Defendants Motion to Dismiss (Dkt. 23 ). 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 (lm)

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30 May 4, 2023

MEMORANDUM in Opposition re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction filed by The Satanic Temple. Replies due by 5/18/2023.(Mac Naughton, William)

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31 May 4, 2023

AFFIDAVIT in Opposition re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction By Erin Helian filed by The Satanic Temple. Replies due by 5/18/2023.(Mac Naughton, William)

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32 May 4, 2023

AFFIDAVIT in Opposition by Dr. J.D. re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction filed by The Satanic Temple. Replies due by 5/18/2023.(Mac Naughton, William)

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33 May 4, 2023

SEALED RESPONSE to Motion re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction By Dr. J.D. filed by The Satanic Temple. Replies due by 5/18/2023.(Mac Naughton, William)

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34 May 4, 2023

NOTICE of Appearance by Timothy Longfield on behalf of Jan M. Bennetts, RAUL LABRADOR, The State of Idaho (Longfield, Timothy)

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35 June 1, 2023

REPLY to Response to Motion re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction filed by Jan M. Bennetts, RAUL LABRADOR, The State of Idaho.Motion Ripe Deadline set for 6/2/2023.(Wilson, Lincoln)

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36 June 16, 2023

MOTION for Leave to File Sur Reply William James Mac Naughton appearing for Plaintiff The Satanic Temple. Responses due by 7/7/2023 (Attachments: # 1 Exhibit A-Proposed Sur Reply)(Mac Naughton, William)

1 Exhibit A-Proposed Sur Reply

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37 June 20, 2023

DOCKET ENTRY ORDER. Pending before the Court is Plaintiff's Motion for Leave to File Sur Reply. Dkt. 36 . In order to ensure the "just, speedy, and inexpensive determination" of this proceeding (See Fed. R. Civ. P. 1), the Court orders as follows: Defendants' response, if any, to the motion shall be due on or before June 26, 2023. Plaintiff's reply will be due on or before June 30, 2023. Defendants response (and Plaintiff's reply) need only address the motion for leave to file itself, not the underlying substance. In other words, the parties should address the justification (or lack thereof) of further briefing, not the substantive arguments within the briefing. If the Court's grants the Motion to file sur reply, Defendants may ask for a sur-sur-reply. That said, the Court plans to hold oral argument on the Motion to Dismiss; thus, any and all argument can be made at the time of the hearing (if not addressed now in briefing). 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)

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June 20, 2023

Set/Reset Deadlines as to 36 MOTION for Leave to File Sur Reply. Defendants' Response is due by 6/26/2023 Plaintiff's Reply is due by 6/30/2023. Per DEO at dkt 37(lm)

38 June 26, 2023

RESPONSE to Motion re 36 MOTION for Leave to File Sur Reply filed by Jan M. Bennetts, RAUL LABRADOR, The State of Idaho. Replies due by 7/10/2023.(Wilson, Lincoln)

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39 June 27, 2023

DOCKET ENTRY ORDER. Pending before the Court is Plaintiff's Motion for Leave to File Sur Reply. Dkt. 36 . Pursuant to Court order (see Dkt. 37 ) the Government has stated its non-opposition to the request (Dkt. 38 ). Accordingly, Plaintiff's Motion is GRANTED. Plaintiff shall file its sur reply (Dkt. [36-1]) officially on the docket as soon as reasonably possible. 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)

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40 June 27, 2023

RESPONSE to Motion re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction Sur Reply filed by The Satanic Temple. Replies due by 7/11/2023.(Mac Naughton, William)

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41 Sept. 5, 2023

NOTICE by Jan M. Bennetts, RAUL LABRADOR, The State of Idaho of Withdrawal of Counsel (Longfield, Timothy)

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42 Sept. 26, 2023

DOCKET ENTRY NOTICE of Hearing on Motion 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction : Motion Hearing set for 12/6/2023 at 10:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (pr)

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43 Sept. 26, 2023

NOTICE of Appearance by Joshua N. Turner on behalf of Jan M. Bennetts, RAUL LABRADOR (Turner, Joshua)

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44 Oct. 6, 2023

NOTICE by Jan M. Bennetts, RAUL LABRADOR, The State of Idaho of Withdrawal of Counsel (Wilson, Lincoln)

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45 Dec. 4, 2023

NOTICE by Jan M. Bennetts, RAUL LABRADOR, The State of Idaho Notice of Supplemental Authority (Attachments: # 1 Exhibit A Supplemental Authority)(Turner, Joshua)

1 Exhibit A Supplemental Authority

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46 Dec. 4, 2023

NOTICE by The Satanic Temple re 45 Notice (Other), 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction, 31 Affidavit in Opposition to Motion, 30 Memorandum in Opposition to Motion (Attachments: # 1 Exhibit A-GenBioPro, Inc. v. Sorsaia, Civil Action 3:23-0058 (S.D.W.Va. Aug. 24, 2023), # 2 Exhibit B -GenBioPro, Inc. v. Sorsaia, Civil Action 3:23-0058 (S.D.W.Va. May 2, 2023))(Mac Naughton, William)

1 Exhibit A-GenBioPro, Inc. v. Sorsaia, Civil Action 3:23-0058 (S.D.W.Va. Aug. 24,

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2 Exhibit B -GenBioPro, Inc. v. Sorsaia, Civil Action 3:23-0058 (S.D.W.Va. May 2,

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47 Dec. 6, 2023

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 12/6/2023 re 23 Motion to Dismiss for Failure to State a Claim and subject matter jurisdiction filed by Jan M. Bennetts, The State of Idaho, RAUL LABRADOR: Court heard oral argument, matter taken under advisement with a written decision to be forthcoming. (Court Reporter/Anne Bowline.) (pr)

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48 Jan. 8, 2024

Notice of Filing of Official Transcript of Motion Hearing Proceedings held on 12/6/2023 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 1/29/2024. Redacted Transcript Deadline set for 2/8/2024. Release of Transcript Restriction set for 4/8/2024. (amb)

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49 Jan. 31, 2024

MEMORANDUM DECISION AND ORDER - Defendants Motion to Dismiss (Dkt. 23 ) is GRANTED. Claims One through Four are Dismissed with prejudice and without leave to amend. 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 (lm)

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50 Jan. 31, 2024

JUDGMENT - NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of Defendants and this case 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 (lm)

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51 Feb. 29, 2024

NOTICE OF APPEAL as to 49 Memorandum Decision,, Order, 50 Judgment, by The Satanic Temple. Filing Fee Due. $ 605, receipt number AIDDC-2713849. (Notice sent to Court Reporter & 9th Cir) (Mac Naughton, William)

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52 Feb. 29, 2024

APPEAL DOCKETING STATEMENT re 51 Notice of Appeal : by Plaintiff The Satanic Temple (Notice sent to 9th Cir) (Mac Naughton, William)

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53 March 1, 2024

AMENDED NOTICE OF APPEAL 24-1243 as to 49 Memorandum Decision,, Order, 50 Judgment, by The Satanic Temple. (Notice sent to Court Reporter & 9th Cir) (Mac Naughton, William) Modified on 3/4/2024 to add in the USCA case number (lm).

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54 March 1, 2024

APPEAL DOCKETING STATEMENT re 53 Notice of Appeal, 51 Notice of Appeal : by Plaintiff The Satanic Temple (AMENDED) (Notice sent to 9th Cir) (Mac Naughton, William)

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55 March 1, 2024

USCA Case Number 24-1243 for 53 Notice of Appeal filed by The Satanic Temple. (lm) (Entered: 03/04/2024)

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56 March 1, 2024

USCA Scheduling Order 24-1243 as to (Dkt. 53 ) Notice of Appeal filed by The Satanic Temple. (Notice sent by e-mail to Court Reporter) (lm) (Entered: 03/04/2024)

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57 Aug. 11, 2025

OPINION of USCA 24-1243 - AFFIRMED and REMANDED WITH INSTRUCTIONS. as to 53 Notice of Appeal filed by The Satanic Temple (lm) (Additional attachment(s) added on 8/12/2025: # 1 Information Regarding Judgment and Post-Judgment Proceedings) (lm). (Entered: 08/12/2025)

1 Information Regarding Judgment and Post-Judgment Proceedings

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58 Sept. 2, 2025

ORDER AND AMENDED OPINION of USCA 24-1243 - AFFIRMED AND REMANDED WITH INSTRUCTIONS as to 53 Notice of Appeal filed by The Satanic Temple (lm) (Entered: 09/03/2025)

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59 Sept. 10, 2025

MANDATE of USCA 24-1243 - The judgment of this Court, entered August 11, 2025 and amended September 02, 2025, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. as to 53 Notice of Appeal filed by The Satanic Temple (lm)

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60 Nov. 10, 2025

MEMORANDUM DECISION and ORDER - In accordance with the Courts prior Decision (Dkt. 49 ) and the Ninth Circuits Remand with Instructions (Dkt. 58 ), the Court reiterates TSTs Amended Complaint is dismissed with prejudice and without leave to amend. This case remains 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 (lm)

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Case Details

State / Territory:

Idaho

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Sept. 30, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Satanic Temple is a religious organization which "venerates, but does not worship, the allegorical Satan described in the epic poem Paradise Lost - the defender of personal sovereignty against the dictates of religious authority."

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Idaho

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Slavery/Involuntary servitude

Other Dockets:

District of Idaho 1:22-cv-00411

U.S. Court of Appeals for the Ninth Circuit 24-1243

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion

Cardiac activity legislation

Time-based abortion prohibition

Recommended Citation