United States v. State of Idaho

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-35153

Plaintiff-Appellee, D.C. No. 1:22-cv-00329-BLW

v.

MEMORANDUM*

STATE OF IDAHO,

Defendant-Appellee,

v.

MIKE MOYLE, Speaker of the Idaho House of Representatives; CHUCK WINDER, President Pro Tempore of the Idaho Senate;

THE SIXTY-SEVENTH IDAHO

LEGISLATURE, Proposed Intevenor- Defendants,

Movants-Appellants.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Submitted April 4, 2024**

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). San Francisco, California

Before: M. SMITH, HURWITZ, and JOHNSTONE, Circuit Judges.

The Idaho Legislature appeals the district court’s denial of its request to

intervene as a matter of right pursuant to Federal Rule of…