HECOX v. LITTLE (2024)

United States Court of Appeals, Ninth Circuit.

Lindsay HECOX; Jane Doe, with her next friends Jean Doe and John Doe, Plaintiffs-Appellees, v. Bradley LITTLE, in his official capacity as Governor of the State of Idaho; Sherri Ybarra, in her official capacity as the Superintendent of Public Instruction of the State of Idaho and as a member of the Idaho State Board of Education; Individual Members of the State Board of Education, In their official capacities; Boise State University; Marlene Tromp, in her official capacity as President of Boise State University; Independent School District of Boise City, # 1; Coby Dennis, in his official capacity as superintendent of the Independent School District of Boise City #1; Individual Members of the Board of Trustees of the Independent School District of Boise City, # 1; in their official capacities; Individual Members of the Idaho Code Commission, in their official capacities, Defendants-Appellants,
Madison Kenyon; Mary Marshall, Intervenors. Lindsay Hecox; Jane Doe, with her next friends Jean Doe and John Doe, Plaintiffs-Appellees, v. Bradley Little, in his official capacity as Governor of the State of Idaho; Sherri Ybarra, in her official capacity as the Superintendent of Public Instruction of the State of Idaho and as a member of the Idaho State Board of Education; Individual Members of the State Board of Education, in their official capacities; Boise State University; Marlene Tromp, in her official capacity as President of Boise State University; Independent School District of Boise City, # 1; Coby Dennis, in his official capacity as superintendent of the Independent School District of Boise City #1; Individual Members of the Board of Trustees of the Independent School District of Boise City, # 1; in their official capacities; Individual Members of the Idaho Code Commission, in their official capacities, Defendants, Madison Kenyon; Mary Marshall, Intervenors-Appellants.

No. 20-35813, No. 20-35815

Decided: April 29, 2024

Before: Kim McLane Wardlaw, Ronald M. Gould, and Morgan Christen, Circuit Judges.

ORDER

The opinions filed on August 17, 2023 (Dkt. No. 218), published at Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023), are withdrawn in light of the Supreme Court's decision in Labrador v. Poe, ––– U.S. ––––, 144 S.Ct. 921, ––– L.Ed.2d –––– (2024). An amended opinion will follow in due course.

IT IS SO ORDERED.

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