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21
5th Circuit Decision on Mandate Stay (www.ca5.uscourts.gov)
posted 4 years ago by Piroko 4 years ago by Piroko +21 / -0
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▲ 12 ▼
– Piroko [S] 12 points 4 years ago +12 / -0

Obviously this is just the stay decision, not a permanent injunction.

But the language in the stay shows very clearly that the court is likely to ultimately rule against the government.

"On the dubious assumption that the Mandate does pass constitutional muster—which we need not decide today—it is nonetheless fatally flawed on its own terms."

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– FuckGenderPolitics 8 points 4 years ago +8 / -0

But the language in the stay shows very clearly that the court is likely to ultimately rule against the government.

People often don't realize this because defendants like to emphasize that it's not a final decision. The reality is that any time a temporary injunction is granted it's a sign the court will rule in favor of the plaintiff. Courts weigh several factors when deciding whether to grant a temporary injunction, and one of those factors is if they think the plaintiff will prevail on the merits. It's technically not a judgment on the merits, but it kind of is in reality.

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– deleted 11 points 4 years ago +11 / -0

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