Case: Tennessee v. Equal Employment Opportunity Commission

2:24-CV-00084 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 25, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an administrative law challenge to the Pregnant Workers Fairness Act (PWFA)'s inclusion of abortion as a pregnancy-related medical condition that requires employers to provide reasonable accommodations to employees. On April 25, 2024, this lawsuit was filed by seventeen states (Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia) against the Equal Employment Opport…

This is an administrative law challenge to the Pregnant Workers Fairness Act (PWFA)'s inclusion of abortion as a pregnancy-related medical condition that requires employers to provide reasonable accommodations to employees.

On April 25, 2024, this lawsuit was filed by seventeen states (Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia) against the Equal Employment Opportunity Commission (EEOC). The plaintiffs alleged that a final rule for the PWFA issued by the EEOC requires states that ban elective abortions to provide accommodations for employees who terminate pregnancies. PWFA requires employers to “make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions to a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.” The final rule interpreted terminating a pregnancy as a related medical condition.

The plaintiffs filed this lawsuit under the Administrative Procedure Act, Fourteenth Amendment, First Amendment, and Declaratory Judgment Act. The plaintiffs sought a declaratory judgement that the Final Rule’s abortion-accommodation mandate is contrary to law and goes beyond the statutory authority under the APA and to preliminarily enjoin EEOC from implementing the final rule’s mandate. The case was assigned to Judge Denzil Price Marshall Jr. in the Eastern District of Arkansas.

On May 3, 2024, the plaintiffs filed a motion for a preliminary injunction. They alleged that the EEOC’s final rule would cause them harm due to the expenses required to accommodate workers seeking to terminate a pregnancy. The defendant filed in opposition to the motion on May 17, 2024. 

The court held oral argument for the plaintiffs’ preliminary injunction request on June 3, 2024. On June 14, 2024, the court issued an order denying the motion for a preliminary injunction and dismissing the case without prejudice because the plaintiffs lacked standing. The court found that the plaintiffs lacked standing because of the hypothetical nature of the claims and the plaintiffs’ claims of injury were speculative. On June 18, 2024, the plaintiffs appealed the court’s ruling to the Eighth Circuit Court of Appeals.

On June 18, 2024, the plaintiffs filed a motion for an injunction pending appeal arguing that they had proof of their standing. On June 21, 2024, the court denied the motion for an injunction finding that the plaintiffs’ claims of injury were speculative. 

On February 20, 2025, in an opinion written by Chief Judge Steven M. Colloton and joined by Judges James Loken and Jonathan Kobes, the Eighth Circuit reversed the district court’s dismissal and remanded the case for further proceedings. 129 F.4th 452. The Court found that the plaintiff States had standing to sue, as they were the object of the regulatory actions being challenged, and the imposition of a regulatory burden itself caused injury, as it compelled the States to act contrary to their policies. The Eighth Circuit’s opinion did not opine on the merits of the case.

Shortly thereafter, on April 28, 2025, Judge D.P. Marshall Jr. ordered the parties to file a status report on how to proceed with the case. In subsequent months, the parties filed three joint status reports. In their July 28 status report, the parties requested that the Court stay proceedings pending resolution of Louisiana v. EEOC, arising from a U.S. district court in Louisiana's vacatur of the portion of the rule at issue in this matter. The parties noted that the U.S. Conference of Catholic Bishops and individual plaintiffs had appealed the Louisiana district court's ruling to the Fifth Circuit.

On August 18, 2025, Judge Marshall granted the request, staying and administratively terminating the case. Under the terms of the stay order, the States may move to reopen the case within 60 days of the final disposition of U.S. Conference of Catholic Bishops v. EEOC, No. 2:24-cv-691-DCJ (W.D. La.), including any appeal. The order further required the States to file either a timely motion to reopen or a status report by August 31, 2026.

The case is ongoing. 

Summary Authors

Cara Claflin (1/19/2025)

Avery Coombe (3/6/2025)

Amanda Gao (3/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68473616/parties/tennessee-state-of-v-equal-employment-opportunity-commission/


Judge(s)
Attorney for Plaintiff

Adamson, Virginia N. (Arkansas)

Axt, Philip (Arkansas)

Barta, James A. (Arkansas)

Attorney for Defendant

Bakst, Laura (Arkansas)

Expert/Monitor/Master/Other

Abolfazli, Leila (- United States (national) -)

Documents in the Clearinghouse

Documents in this case
1

2:24-CV-00084

Complaint for Injunctive and Declaratory Relief

Tennessee, State of v. Equal Employment Opportunity Commission

April 25, 2024

April 25, 2024

Complaint
63

2:24-CV-00084

Memorandum Opinion and Order

June 14, 2024

June 14, 2024

Order/Opinion

737 F.Supp.3d 685

72

2:24-CV-00084

Order

June 21, 2024

June 21, 2024

Order/Opinion

2024 WL 3552035

24-02249

Opinion

U.S. Court of Appeals for the Eighth Circuit

Feb. 20, 2025

Feb. 20, 2025

Order/Opinion

129 F.4th 452

805200523

24-02249

Judgment

U.S. Court of Appeals for the Eighth Circuit

Feb. 20, 2025

Feb. 20, 2025

Order/Opinion
110

2:24-CV-00084

Order

Aug. 18, 2025

Aug. 18, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68473616/tennessee-state-of-v-equal-employment-opportunity-commission/

Last updated April 11, 2026, 4:47 a.m.

ECF Number Date Description Link
1 April 25, 2024

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Equal Employment Opportunity Commission filed by All Plaintiffs. Summons issued and returned to counsel. (Fee of $405 paid. Receipt Number LIT6154.) (Attachments: # 1 Civil Cover Sheet) (ajj) (Entered: 04/25/2024)

1 Civil Cover Sheet

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Clearinghouse
2 April 25, 2024

MOTION for Leave to Appear pro hac vice by Reed N. Smith filed by Tennessee, State of. Fee $100 received. Receipt number LIT6155. (ajj) (Entered: 04/25/2024)

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3 April 25, 2024

MOTION for Leave to Appear pro hac vice by Whitney D. Hennandorfer filed by Tennessee, State of. Fee $100 received. Receipt number LIT6155. (ajj) (Entered: 04/25/2024)

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4 April 25, 2024

MOTION for Leave to Appear pro hac vice by Joshua D. Minchin filed by Tennessee, State of. Fee $100 received. Receipt number LIT6155. (ajj) (Entered: 04/25/2024)

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5 April 25, 2024

MOTION for Leave to Appear pro hac vice by Virginia N. Adamson filed by Tennessee, State of. Fee $100 received. Receipt number LIT6155. (ajj) (Entered: 04/25/2024)

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6 April 26, 2024

MOTION for Leave to Appear pro hac vice by Edmund G. LaCour, Jr.. Fee $100 receipt number AAREDC-4737945. Filed by Alabama, State of (Attachments: # 1 Supplement AL Certificate of Good Standing)(Bronni, Nicholas) (Entered: 04/26/2024)

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7 April 26, 2024

MOTION for Leave to Appear pro hac vice by Stephen J. Petrany. Fee $100 receipt number AAREDC-4738004. Filed by Georgia, State of (Attachments: # 1 Supplement Certificate of Good Standing)(Bronni, Nicholas) (Entered: 04/26/2024)

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8 April 26, 2024

MOTION for Leave to Appear pro hac vice by Natalie Christmas. Fee $100 receipt number AAREDC-4738102. Filed by Florida, State of (Attachments: # 1 Certificate of Good Standing)(Bronni, Nicholas) (Entered: 04/26/2024)

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9 April 26, 2024

MOTION for Leave to Appear pro hac vice by Joshua M. Divine. Fee $100 receipt number AAREDC-4738110. Filed by Missouri, State of (Attachments: # 1 Certificate of Good Standing)(Bronni, Nicholas) (Entered: 04/26/2024)

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10 April 26, 2024

MOTION for Leave to Appear pro hac vice by Garry M. Gaskins, II. Fee $100 receipt number AAREDC-4738193. Filed by Oklahoma, State of (Attachments: # 1 Certificate of Good Standing)(Bronni, Nicholas) (Entered: 04/26/2024)

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11 April 29, 2024

NOTICE of Appearance by Daniel Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 04/29/2024)

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12 April 29, 2024

NOTICE of Appearance by Alexandra Widas on behalf of All Defendants (Widas, Alexandra) (Entered: 04/29/2024)

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13 April 30, 2024

NOTICE of Appearance by Laura Bakst on behalf of All Defendants (Bakst, Laura) (Entered: 04/30/2024)

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14 April 30, 2024

NOTICE of Appearance by Nicholas J. Bronni on behalf of All Plaintiffs (Bronni, Nicholas) (Entered: 04/30/2024)

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15 April 30, 2024

Unopposed MOTION for Order to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Relief by All Plaintiffs (Bronni, Nicholas) (Entered: 04/30/2024)

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16 May 1, 2024

ORDER granting 15 motion; proposed briefing scheduled adopted; joint report due by 5/10/2024 on proposed hearing details: the witnesses, exhibits, argument, and duration needed to present both sides. Signed by Judge D. P. Marshall Jr. on 5/1/2024. (jak) (Entered: 05/01/2024)

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17 May 3, 2024

MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Affidavit Declaration of Craig Raymer (TN), # 2 Affidavit Declaration of Deborah Parsons (AR), # 3 Affidavit Declaration of Emily Roberson (OK), # 4 Affidavit Declaration of Grant Flynn (SD), # 5 Affidavit Declaration of Michael Chopp (IN), # 6 Affidavit Declaration of Mark Scott (WV), # 7 Affidavit Declaration of Laury Morgan (AL), # 8 Affidavit Declaration of Janelle White (ID))(Bronni, Nicholas) (Entered: 05/03/2024)

1 Affidavit Declaration of Craig Raymer (TN)

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2 Affidavit Declaration of Deborah Parsons (AR)

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3 Affidavit Declaration of Emily Roberson (OK)

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4 Affidavit Declaration of Grant Flynn (SD)

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5 Affidavit Declaration of Michael Chopp (IN)

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6 Affidavit Declaration of Mark Scott (WV)

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7 Affidavit Declaration of Laury Morgan (AL)

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8 Affidavit Declaration of Janelle White (ID)

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18 May 3, 2024

BRIEF IN SUPPORT re 17 Motion for Preliminary Injunction,, filed by All Plaintiffs. (Bronni, Nicholas) (Entered: 05/03/2024)

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19 May 3, 2024

MOTION for Leave to Appear pro hac vice by Grant M Flynn filed by South Dakota, State of. Fee $100.00 Receipt # LIT6266. (fjg) (Entered: 05/03/2024)

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20 May 3, 2024

MOTION for Leave to Appear pro hac vice by James A Barta filed by Indiana, State of. Fee $100 Receipt # LIT6267. (fjg) (Entered: 05/03/2024)

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21 May 3, 2024

MOTION for Leave to Appear pro hac vice by Lance Sorenson filed by Utah, State of. Fee $100 receipt # LIT6268. (fjg) (Entered: 05/03/2024)

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22 May 3, 2024

MOTION for Leave to Appear pro hac vice by Erin Barrett Gaide filed by Kansas, State of. Fee $100 receipt # LIT6269. (fjg) (Entered: 05/03/2024)

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23 May 3, 2024

MOTION for Leave to Appear pro hac vice by Philip Axt filed by North Dakota, State of. Fee $100 receipt # LIT6270. (fjg) (Entered: 05/03/2024)

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24 May 3, 2024

MOTION for Leave to Appear pro hac vice by Lincoln J Korell filed by Nebraska, State of. Fee $100 receipt # LIT6272. (fjg) (Entered: 05/03/2024)

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25 May 7, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. 2 - 10 & 19 - 24, granted. Reed N. Smith, Whitney D. Hennandorfer, Joshua D. Minchin, Virginia N. Adamson, Edmund G. LaCour, Jr., Stephen J. Petrany, Natalie Christmas, Joshua M. Devine, Garry M. Gaskins, Grant M. Flynn, James A. Barta, Lance Sorenson, Erin Barrett Gaide, Philip Axt, and Lincoln J. Korell are admitted pro hac vice. Signed by Judge D. P. Marshall Jr. on 5/7/2024. (slb) (Entered: 05/07/2024)

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26 May 10, 2024

STATUS REPORT Joint Report on Proposed Hearing Details by Alabama, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, West Virginia, State of. (Jacobs, Dylan) (Entered: 05/10/2024)

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27 May 13, 2024

Mail Returned Undeliverable as to Joshua M. Divine re 16 Order. (fjg) (Entered: 05/13/2024)

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28 May 14, 2024

MOTION for Leave to Appear pro hac vice by Joseph D. Spate. Fee $100 receipt number AAREDC-4749380. Filed by South Carolina, State of (Attachments: # 1 Supplement Certificate of Good Standing)(Bronni, Nicholas) (Entered: 05/14/2024)

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29 May 14, 2024

MOTION for Leave to Appear pro hac vice by Alan M. Hurst. Fee $100 receipt number AAREDC-4749470. Filed by Idaho, State of (Attachments: # 1 Supplement Certificate of Good Standing)(Bronni, Nicholas) (Entered: 05/14/2024)

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30 May 14, 2024

MOTION for Leave to Appear pro hac vice by Joshua N. Turner. Fee $100 receipt number AAREDC-4749474. Filed by Idaho, State of (Attachments: # 1 Supplement Certificate of Good Standing)(Bronni, Nicholas) (Entered: 05/14/2024)

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31 May 16, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. 28-30, granted. Joseph D. Spate, Alan M. Hurst, and Joshua N. Turner are admitted pro hac vice. Signed by Judge D. P. Marshall Jr. on 5/16/2024. (slb) (Entered: 05/16/2024)

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32 May 16, 2024

MOTION for Leave to Appear pro hac vice by Curtis R. A. Capehart filed by West Virginia, State of. Fee $100 received. Receipt Number LIT6455. (ajj) (Entered: 05/17/2024)

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33 May 17, 2024

NOTICE of Appearance by Eric H. Wessan on behalf of Iowa, State of (Wessan, Eric) Additional attachment added on 5/20/2024: # 1 Main Document - Correct. (kbc) (Entered: 05/17/2024)

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34 May 17, 2024

RESPONSE in Opposition re 17 MOTION for Preliminary Injunction filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Lage Declaration, # 2 Exhibit Hudson Declaration)(Bakst, Laura) (Entered: 05/17/2024)

1 Exhibit Lage Declaration

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2 Exhibit Hudson Declaration

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35 May 17, 2024

Unopposed MOTION for Leave to File Under Seal the Unredacted Version of Hudson Declaration by Equal Employment Opportunity Commission (Schwei, Daniel) (Entered: 05/17/2024)

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36 May 20, 2024

ORDER directing any person or entity wishing to file an amicus curiae brief should move to do so, attaching a copy of the proposed brief, no later than 5/24/2024. Any response to a motion on this issue is due 5 calendar days thereafter. Signed by Judge D. P. Marshall Jr. on 5/20/2024. (jak) (Entered: 05/20/2024)

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37 May 20, 2024

NOTICE OF DOCKET CORRECTION re 33 Notice of Appearance. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added to 33 based on the attached correspondence. (kbc) (Entered: 05/20/2024)

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38 May 20, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 32, granted. Curtis R.A. Capehart is admitted pro hac vice. Unopposed motion, Doc. 35, granted. Fed. R. Civ. P. 5.2(d). Signed by Judge D. P. Marshall Jr. on 5/20/2024. (slb) (Entered: 05/20/2024)

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39 May 20, 2024

Mail Returned Undeliverable as to Joshua M. Divine re 25 Text Entry Only Order. (fjg) (Entered: 05/20/2024)

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40 May 20, 2024

Mail Returned Undeliverable as to Stephen J. Petrany re 16 Order. (fjg) (Entered: 05/20/2024)

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41 May 21, 2024

ORDER: The Court will hear oral argument on the motion for a preliminary injunction at 1:30 p.m. on 6/3/2024 in Little Rock Courtroom 1A. Signed by Judge D. P. Marshall Jr. on 5/21/2024. (jak) (Entered: 05/21/2024)

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42 May 21, 2024

MOTION for Leave to Appear pro hac vice by Carolyn L. Wheeler. Fee $100 receipt number LIT6505. Filed by AFL-CIO, Actors' Equity Association, American Civil Liberties Union, American Federation of State, County and Municipal Employees, American Federation of Teachers, American Postal Workers Union, Better Balance, Center for WorkLife Law, Communication Workers of America, Legal Aid at Work, National Center for Law and Economic Justice, National Education Association, National Employment Law Project, National Nurses United, National Partnership for Women & Families, National Women's Law Center, One Fair Wage, Public Counsel, Service Employees International Union, United Food and Commercial Workers. (adj) (Entered: 05/21/2024)

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43 May 21, 2024

CONSENT MOTION for Leave to File Brief of Amici Curiae by Small Business Majority, Main Street Alliance, American Sustainable Business Council (Attachments: # 1 Exhibit A - proposed Brief of Amici Curiae). (jap) (Entered: 05/21/2024)

1

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44 May 21, 2024

MOTION to Admit Pro Hac Vice by Kaitlyn Golden. Fee $100, Receipt Number LIT6506. Filed by American Sustainable Business Council, Main Street Alliance, Small Business Majority. (jap) (Entered: 05/21/2024)

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45 May 21, 2024

MOTION to Admit Pro Hac Vice by Carrie Flaxman. Fee $100, Receipt Number LIT6506. Filed by American Sustainable Business Council, Main Street Alliance, Small Business Majority. (jap) (Entered: 05/21/2024)

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46 May 22, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court strongly prefers designation of local counsel, as our Rule requires. But time is short. Motion, Doc. 42, granted. Carolyn L. Wheeler is admitted pro hac vice for the limited purpose of filing an amicus curiae brief. Signed by Judge D. P. Marshall Jr. on 5/22/2024. (slb) (Entered: 05/22/2024)

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47 May 22, 2024

REPLY to Response to Motion re 17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Affidavit Exhibit I - Herrington Decl)(Jacobs, Dylan) (Entered: 05/22/2024)

1 Affidavit Exhibit I - Herrington Decl

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48 May 22, 2024

MOTION to Admit Attorney Pro Hac Vice Without Designation of Local Counsel. Filed by Ester Murdukhayeva. Fee $100, Receipt Number LIT6511. Filed by New York, State of, Arizona, State of, California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, North Carolina, State of, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Vermont, State of, Washington, State of, Wisconsin, State of, District of Columbia. (jap) (Entered: 05/22/2024)

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49 May 22, 2024

UNOPPOSED MOTION for Leave to File a Brief as Amici Curiae in Support of Defendant and in Opposition to Plaintiffs' Motion for Preliminary Relief. Filedby Arizona, State of, California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, District of Columbia, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, 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, Oregon, State of, Pennsylvania, State of, Rhode Island, State of, Vermont, State of, Washington, State of, Wisconsin, State of (Attachments: # 1 proposed Brief as Amici Curiae) (jap) (Entered: 05/23/2024)

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50 May 22, 2024

CERTIFICATE of Service by New York, State of re 49 48 . (jap) (Entered: 05/23/2024)

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51 May 23, 2024

Unopposed MOTION for Leave to File Brief of Amici by AFL-CIO, Actors' Equity Association, American Civil Liberties Union, American Federation of State, County and Municipal Employees, American Federation of Teachers, American Postal Workers Union, Better Balance, Center for WorkLife Law, Communication Workers of America, Legal Aid at Work, National Center for Law and Economic Justice, National Education Association, National Employment Law Project, National Nurses United, National Partnership for Women & Families, National Women's Law Center, One Fair Wage, Public Counsel, Service Employees International Union, United Food and Commercial Workers (Attachments: # 1 Document Brief of Amici, # 2 Document Notice of Appearance)(Wheeler, Carolyn) (Entered: 05/23/2024)

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52 May 28, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. 44 & 45, granted. Katilyn Golden and Carrie Flaxman are admitted pro hac vice for the limited purpose of filing an amicus curiae brief. Signed by Judge D. P. Marshall Jr. on 5/28/2024. (slb) (Entered: 05/28/2024)

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53 May 28, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court strongly prefers designation of local counsel, as our Rule requires. But time is short. Motion, Doc. 48, granted. Ester Murdukhayeva is admitted pro hac vice for the limited purpose of filing an amicus curiae brief. Signed by Judge D. P. Marshall Jr. on 5/28/2024. (slb) (Entered: 05/28/2024)

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54 May 28, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motions, Doc. 43, 49 & 51, granted. Amicus briefs, Doc. [43-1], [49-1] & [51-1], deemed filed. Signed by Judge D. P. Marshall Jr. on 5/28/2024. (slb) (Entered: 05/28/2024)

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55 May 29, 2024

ORDER pursuant to General Order 54, the Court authorizes Daniel Schwei, Laura Bakst, Alexandra Widas, Reed Smith, Jenna Adamson, and Joshua Minchin to bring a cell phone, laptop computer, or personal digital assistant into the U.S. Courthouse in Little Rock for a hearing in this case on 6/3/2024. Signed by Judge D. P. Marshall Jr. on 5/29/2024. (jak) (Entered: 05/29/2024)

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56 May 30, 2024

Mail Returned Undeliverable as to Joshua M. Divine re 31 Text Entry Only Order. (adj) (Entered: 05/30/2024)

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57 May 30, 2024

Mail Returned Undeliverable as to Stephen J. Petrany re 32 Motion 31 Order 42 Motion 44 Motion. Resent to updated address. (adj) (Entered: 05/31/2024)

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58 May 31, 2024

ORDER allowing any attending member of the media to bring a tape recorder into the courthouse for the hearing scheduled on 6/3/2024. Signed by Judge D. P. Marshall Jr. on 5/31/2024. (jak) (Entered: 05/31/2024)

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59 June 3, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for hearing held in Little Rock on 3 June 2024 before Chief Judge D. P. Marshall, Jr.: The Court heard oral argument from counsel on the pending motion for preliminary injunction. Order to follow. (Attorneys appearing for plaintiffs: Virginia Adamson, Reed Smith, Nicholas Bronni, Dylan Jacobs, and Joshua Minchin; Attorneys appearing for defense: Daniel Schwei and Laura Bakst; and Court Reporter Graham Higdon). (SLB) (Entered: 06/03/2024)

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60 June 3, 2024

Mail Returned Undeliverable as to Joshua M. Divine re 41 Order. Resent to updated address. (fjg) (Entered: 06/04/2024)

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61 June 4, 2024

Mail Returned Undeliverable as to Joshua M. Divine re 36 Order, 37 Notice of Docket Correction re 33 Notice of Appearance, 38 Text Entry Only Order, 46 Text Entry Only Order. Resent to updated address. (fjg) (Entered: 06/04/2024)

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62 June 7, 2024

TRANSCRIPT of Preliminary Injunction Hearing held on 6/3/2024, before Judge D.P. Marshall Jr. Court Reporter Graham Higdon. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 6/14/2024. Redaction Request due 6/28/2024. Redacted Transcript Deadline set for 7/8/2024. Release of Transcript Restriction set for 9/5/2024. (fcd) (Entered: 06/07/2024)

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63 June 14, 2024

MEMORANDUM OPINION AND ORDER. Because the States lack standing, this Court lacks subject-matter jurisdiction. The 17 motion for a preliminary injunction is denied as moot and the complaint will be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 6/14/2024. (jak) (Entered: 06/14/2024)

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64 June 14, 2024

JUDGMENT dismissing without prejudice the States' complaint. Signed by Judge D. P. Marshall Jr. on 6/14/2024. (jak) (Entered: 06/14/2024)

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65 June 18, 2024

NOTICE OF APPEAL as to 64 Judgment by Alabama, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, West Virginia, State of. (Adamson, Virginia) (Entered: 06/18/2024)

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66 June 18, 2024

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 65 Notice of Appeal re 63 Memorandum Opinion and Order, 64 Judgment. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (jbh) (Entered: 06/18/2024)

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67 June 18, 2024

MOTION for Relief Injunction pending appeal or temporary administrative stay by All Plaintiffs (Attachments: # 1 Exhibit Louisiana v. EEOC Opinion)(Adamson, Virginia) (Entered: 06/18/2024)

1 Exhibit Louisiana v. EEOC Opinion

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68 June 20, 2024

USCA Docketing Letter and Scheduling Order as to 65 Notice of Appeal, filed by West Virginia, State of, Indiana, State of, South Carolina, State of, Georgia, State of, North Dakota, State of, Nebraska, State of, South Dakota, State of, Utah, State of, Tennessee, State of, Kansas, State of, Oklahoma, State of, Missouri, State of, Iowa, State of, Idaho, State of, Florida, State of, Alabama, State of, Arkansas, State of. USCA Case Number 24-2249. Transcript due by 7/30/2024. (jbh) (Entered: 06/20/2024)

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69 June 20, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 67, noted. The Court would appreciate the EEOC's position. Response due by noon Central Time tomorrow. Signed by Judge D. P. Marshall Jr. on 6/20/2024. (slb) (Entered: 06/20/2024)

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70 June 20, 2024

TRANSCRIPT REQUEST by Alabama, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, West Virginia, State of re 65 Notice of Appeal, (Adamson, Virginia) (Entered: 06/20/2024)

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71 June 21, 2024

RESPONSE in Opposition re 67 MOTION for Relief Injunction pending appeal or temporary administrative stay filed by All Defendants. (Bakst, Laura) (Entered: 06/21/2024)

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72 June 21, 2024

ORDER denying 67 motion for an injunction pending appeal. Signed by Judge D. P. Marshall Jr. on 6/21/2024. (jak) (Entered: 06/21/2024)

Clearinghouse
73 June 25, 2024

USCA Appeal Fees received $605 receipt number LIT6880 re 65 Notice of Appeal, filed by West Virginia, State of, Indiana, State of, South Carolina, State of, Georgia, State of, North Dakota, State of, Nebraska, State of, South Dakota, State of, Utah, State of, Tennessee, State of, Kansas, State of, Oklahoma, State of, Missouri, State of, Iowa, State of, Idaho, State of, Florida, State of, Alabama, State of, Arkansas, State of. (jbh) (Entered: 06/25/2024)

RECAP
74 June 28, 2024

SEALED EXHIBIT. (fjg) (Entered: 06/28/2024)

RECAP
75 July 15, 2024

Mail Returned Undeliverable as to Stephen J. Petrany re 25 Text Entry Only Order. Resent to updated address. (fjg) (Entered: 07/15/2024)

RECAP
76 Sept. 16, 2024

MOTION to Withdraw as Attorney Joshua N. Turner by Idaho, State of (Turner, Joshua) (Entered: 09/16/2024)

RECAP
77 Sept. 16, 2024

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 76, granted. Joshua Turner is relieved as counsel for the State of Idaho. Signed by Judge D. P. Marshall Jr. on 9/16/2024. (slb) (Entered: 09/16/2024)

RECAP
78 Feb. 20, 2025

OPINION of USCA as to 65 Notice of Appeal, filed by West Virginia, State of, Indiana, State of, South Carolina, State of, Georgia, State of, North Dakota, State of, Nebraska, State of, South Dakota, State of, Utah, State of, Tennessee, State of, Kansas, State of, Oklahoma, State of, Missouri, State of, Iowa, State of, Idaho, State of, Florida, State of, Alabama, State of, Arkansas, State of. (fcd) (Entered: 02/20/2025)

RECAP
79 Feb. 20, 2025

USCA JUDGMENT as to 65 Notice of Appeal, filed by West Virginia, State of, Indiana, State of, South Carolina, State of, Georgia, State of, North Dakota, State of, Nebraska, State of, South Dakota, State of, Utah, State of, Tennessee, State of, Kansas, State of, Oklahoma, State of, Missouri, State of, Iowa, State of, Idaho, State of, Florida, State of, Alabama, State of, Arkansas, State of. The judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (fcd) (Entered: 02/20/2025)

RECAP
80 Feb. 24, 2025

NOTICE of Appearance by Allen Liang Huang on behalf of Florida, State of (Huang, Allen) (Entered: 02/24/2025)

RECAP
81 Feb. 24, 2025

MOTION to Withdraw as Attorney by Florida, State of (Christmas, Natalie) (Entered: 02/24/2025)

RECAP
82 March 11, 2025

MOTION to Withdraw as Attorney by All Defendants (Widas, Alexandra) (Entered: 03/11/2025)

RECAP
83 March 11, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER:Motions, Doc. 81 & 82, granted. Natalie Christmas is relieved as counsel of record for the State of Florida and Alexandra Widas is relieved as counsel for the EEOC. The Court also notes that Nicholas Bronni, who was serving as local counsel for out-of-state lawyers, is no longer with the Arkansas Attorney General's Office. The Court congratulates Justice Bronni on his appointment. The Attorney General's office must designate new local counsel for plaintiffs and move to substitute by 25 March 2025. Signed by Judge D. P. Marshall Jr. on 3/11/2025. (slb) (Entered: 03/11/2025)

RECAP
84 March 13, 2025

MOTION to Substitute Attorney by Arkansas, State of (Steinberg, Asher) (Entered: 03/13/2025)

RECAP
85 March 14, 2025

MOTION for Leave to Appear pro hac vice by James Rodriguez. Fee $100 receipt number AAREDC-4921854. Filed by Kansas, State of (Attachments: # 1 Certificates of Good Standing)(Steinberg, Asher) (Entered: 03/14/2025)

RECAP
86 March 14, 2025

MOTION to Withdraw as Attorney by Kansas, State of (Gaide, Erin) (Entered: 03/14/2025)

RECAP
87 March 18, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 84, granted as modified. Dylan L. Jacobs is relieved as counsel of record for the State of Arkansas. But Steinberg is substituted as local counsel for Nicholas Bronni, previously relieved. Motions, Doc. 85 & 86, granted. James Rodriguez is admitted pro hac vice. Erin B. Gaide is relieved as counsel for the State of Kansas. Signed by Judge D. P. Marshall Jr. on 3/18/2025. (slb) (Entered: 03/18/2025)

RECAP
88 April 1, 2025

MOTION to Substitute Attorney by All Defendants (Ortolano, Karima) (Entered: 04/01/2025)

RECAP
89 April 2, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 88, granted. Laura Bakst is relieved as counsel of record for the EEOC. Signed by Judge D. P. Marshall Jr. on 4/2/2025. (slb) (Entered: 04/02/2025)

RECAP
90 April 17, 2025

MOTION to Withdraw as Attorney by Small Business Majority (Brownstein, Bettina) (Entered: 04/17/2025)

RECAP
91 April 18, 2025

MANDATE of USCA in accordance with the opinion and judgment of 2/20/2025 as to 65 Notice of Appeal, filed by West Virginia, State of, Indiana, State of, South Carolina, State of, Georgia, State of, North Dakota, State of, Nebraska, State of, South Dakota, State of, Utah, State of, Tennessee, State of, Kansas, State of, Oklahoma, State of, Missouri, State of, Iowa, State of, Idaho, State of, Florida, State of, Alabama, State of, Arkansas, State of. (jbh) (Entered: 04/18/2025)

RECAP
92 April 23, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 90, partly granted and partly denied. The Court relieves Ms. Brownstein, with thanks, and wishes her well in retirement. Amici must secure new local counsel if they anticipate offering any additional briefing. Signed by Judge D. P. Marshall Jr. on 4/23/2025. (slb) (Entered: 04/23/2025)

RECAP
93 April 28, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER:The Court has received the mandate from the Court of Appeals. Status report (joint or separate) due from the parties on how the case can best proceed from here. Report due by 20 May 2025. Signed by Judge D. P. Marshall Jr. on 4/28/2025. (slb) (Entered: 04/28/2025)

RECAP
94 May 20, 2025

STATUS REPORT Filed Jointly on Behalf of All Parties by Alabama, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, West Virginia, State of. (Adamson, Virginia) (Entered: 05/20/2025)

RECAP
95 May 21, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER:Joint report, Doc. 94, received with thanks. The embedded request to file a second status report (joint or separate) is granted. Report due by 19 June 2025. Signed by Judge D. P. Marshall Jr. on 5/21/2025. (slb) (Entered: 05/21/2025)

RECAP
96 June 5, 2025

NOTICE of Appearance by Yuri Fuchs on behalf of All Defendants (Fuchs, Yuri) (Entered: 06/05/2025)

RECAP
97 June 5, 2025

MOTION to Withdraw as Attorney by All Defendants (Schwei, Daniel) (Entered: 06/05/2025)

RECAP
98 June 5, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 97, granted. Daniel Schwei is relieved as counsel of record for the EEOC. Signed by Judge D. P. Marshall Jr. on 6/5/2025. (slb) (Entered: 06/05/2025)

RECAP
99 June 13, 2025

MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission (Ortolano, Karima) (Entered: 06/13/2025)

RECAP
100 June 16, 2025

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. 99, granted. Karima Ortolano is relieved as counsel of record for the EEOC. Signed by Judge D. P. Marshall Jr. on 6/16/2025. (tck) (Entered: 06/16/2025)

RECAP

Case Details

State / Territory:

Arkansas

Case Type(s):

Equal Employment

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: April 25, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of seventeen states (Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia)

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Alabama

Arkansas

Florida

Georgia

Idaho

Indiana

Iowa

Kansas

Missouri

Nebraska

North Dakota

Oklahoma

South Carolina

South Dakota

Tennessee

Utah

West Virginia

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Other Dockets:

Eastern District of Arkansas 2:24-CV-00084

U.S. Court of Appeals for the Eighth Circuit 24-02249

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Attorneys fees

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion

Reproductive health care (including birth control, abortion, and others)

Recommended Citation