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Mock v. Garland (3:23-xc-00232) (N.D. Texas) - FPC Pistol Brace rule


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  • 2 months later...

Not a lawyer here... Does that mean:


1) they issued an injunction

2) they ordered the lower court to issue an injunction and the lower court must comply ASAP

3) they ordered the lower court to consider issuing an injunction, which the lower court can still refuse to do, because feelings

Edited by EdDinIL
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District case 4:23-cv-00095
Appellate case 23-10319 on the preliminary injunction

The appellate court reversed the denial to issue a preliminary injunction and remanded the motion for a preliminary injunction back to the district court without limitation. The district court is directed to resolve the motion within 60 days (of August 1). The Appellate court had issued its own injunction on May 23 pending appeal. It has extended that injunction for 60 days to cover the time until the district court reconsiders the motion.

CA5 said:
We place no limitation on the matters that the conscientious district court may address on remand, and we give no indication of what decisions it should reach, regarding a preliminary injunction or any other matter.

So the district court can do whatever it wants. However, the district court just got reversed, so in practice "whatever it wants" pretty much means that the terms of the injunction are up to the court, but there has to be an injunction.

... and of course, the case itself has not yet been heard. All this furor is about a preliminary injunction. Nevertheless, we should probably expect the government to petition the Supreme Court quickly. Maybe Alito will stay the circuit court like he did for aluminum blocks (VanDerStok).
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