30 results for 'cat:"Constitution" AND cat:"Injunction"'.
J. Murphy finds that the lower court properly denied a preliminary injunction request from a group looking to challenge a new Colorado law that requires certain language disclosures for ballot measures that contain a tax-related change. The group says that the mandated language in the ballot titles is unconstitutionally compelling its political speech, but they are not likely to succeed on the merits of their claims. The law governing the titles for the ballot measures falls under government speech that is not intended to represent any expressions or feelings from the ballot's proponents, leaving it protected under the law. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 26, 2024, Case #: 23-1282, Categories: constitution, Tax, injunction
J. Osteen denies a retired businessman’s motion for preliminary injunction against the U.S. Department of Agriculture to prevent it from enforcing the Horse Protection Act against him. The department claims the businessman violated the Act when he entered his own horse into a Virginia horse show when the horse was sored, or exposed to harmful chemicals in order to make the horse produce a more desirable gait. The businessman denies that he sored the horse and contests the process by which he was accused. Because one of the department’s judicial officers, and not its secretary, filed the complaint against the businessman, he incorrectly believes this delegitimizes the process and demands a jury trial. He is not likely to succeed on the merits and his motion is therefore denied.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: April 24, 2024, Case #: 1:24cv175, NOS: Other Statutory Actions - Other Suits, Categories: Agriculture, constitution, injunction
J. Settle denies the state's motion for reconsideration of the court's prior order denying in part the state's bid for dismissal of a challenge to HB 1470, which requires a slew of rules and regulations for private detention facilities that appear to place a burden on the Northwest Detention Center. The state does not show any manifest error that the court made during its ruling, and it once again does not state the similarities between detention centers and residential treatment facilities that might question the ruling. Also, the preliminary injunction against the Department of Health and the Department of Labor and Industries holds, because both are appointed by and serve the governor.
Court: USDC Western District of Washington, Judge: Settle, Filed On: April 15, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, injunction
J. Reidinger grants a group of advocates of homeless people their motion for preliminary injunction after the City of Asheville and some of its police officers banned the advocates from city parks and imposed other punishments. The advocates have been helping homeless people get access to food and other necessities and protesting public policy on their behalf. In response, the city and officers have banned the advocates and charged them with felony littering, which could lead to imprisonment if the advocates visited a park. The felony charges have affected some advocates’ ability to be hired. They were also not given a hearing before the charges were filed. The advocates sufficiently demonstrate likelihood of success on the merits, that their right to due process has been violated, and that it is in the public interest that a preliminary injunction be granted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, injunction
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, Jurisdiction, injunction
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J. Hanen grants an injunction to a nonprofit that challenges on constitutional grounds two of Houston ordinances that outlaw the feeding of the homeless on all property, including public property, without the property owner’s permission. The nonprofit, which claims it feeds the homeless in protest to encourage the government to spend funds on homelessness and poverty rather than war, has shown it will suffer irreparable harm without an injunction.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: February 14, 2024, Case #: 4:24cv338, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, injunction
J. Wozniak finds that the trial court properly dismissed this constitutional challenge in favor of Beachline and the Secretary of Florida Department of Environmental Protection brought by Waters of Orange County for an injunction. The waters argue for reversal of the order but there is no cause of action under the charter provision. “If political subdivisions were able to continue actions to enforce ordinances that conflict with general law, the political subdivisions would have the power to frustrate the ability of the Legislature to set policies for the state.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: January 19, 2024, Case #: 6D23-1412, Categories: constitution, Environment, injunction
J. Tostrud grants the chamber of commerce's motion for a preliminary injunction halting enforcement of a portion of a newly-passed law banning "foreign influenced corporations" from making political contributions and independent expenditures in state elections. While preventing foreign influences on elections is a compelling state interest, the challenged provisions are not narrowly tailored restrictions on the exercise of First Amendment rights.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 20, 2023, Case #: 0:23cv2015, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, injunction
J. Aiken denies the Republican state senators' motion for a preliminary injunction in their complaint alleging that their absences from a planned walkout were improperly marked as unexcused so that they would be unable to run for reelection due to Measure 113, which blocks lawmakers with 10 or more unexcused absence from running for election. The senators do not prove that using a legislative walkout is a constitutionally protected activity under the First Amendment, and they do not prove that an injunction is in the public interest because Measure 113 is a voter-approved measure intended to curb legislative walkouts.
Court: USDC Oregon, Judge: Aiken, Filed On: December 13, 2023, Case #: 6:23cv1624, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Elections, injunction
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, Firearms, injunction
J. Riggs grants, in part, the gun owner's motion for a preliminary injunction, ruling the governor cannot enforce a public health order that prohibits the carrying of firearms in public parks. No historical tradition supports such a ban, while the only cases or laws cited by the government are either too far in the past to be relevant or stem from western territorial laws inapplicable to the Second Amendment. However, because playgrounds are analogous to schools and can be considered sensitive places, that portion of the order is supported by a longstanding history of enforcement and will remain in effect.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 5, 2023, Case #: 1:23cv781, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Firearms, injunction
J. Schiltz grants the generic drug manufacturers' association's motion for a preliminary injunction halting enforcement of a state law banning the imposition of "excessive" price increases for generic and off-patent drugs. The association has shown that it is likely to succeed on the merits of its claim that the law violates the dormant Commerce Clause through its application to out-of-state drug sales, and that it is likely to suffer irreparable harm absent an injunction. The state's motion to dismiss, meanwhile, is partially granted and the association's claims for violation of separation of powers and for other civil-rights relief are dismissed.
Court: USDC Minnesota, Judge: Schiltz, Filed On: December 4, 2023, Case #: 0:23cv2024, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, constitution, injunction
J. Gould finds that the district court improperly found that the physicians did not have standing to pursue their action alleging that an Arizona law criminalizing the performance of certain abortions is unconstitutionally vague. Arizona’s "Reason Regulations" criminalize the performance of abortions sought solely because of genetic abnormalities in the fetus or embryo. The doctors' standing "is based on their economic interest in providing medical services." Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: October 30, 2023, Case #: 23-15234, Categories: constitution, Health Care, injunction
[Consolidated.] J. Urias denies the gun rights advocates' motion for a preliminary injunction, ruling they are unlikely to prevail on Second Amendment claims related to the state's public health order prohibiting the carry of firearms through public parks and playgrounds. Similar bans have been implemented and upheld throughout the 19th and 20th centuries, while parks could also be considered "sensitive places" outlined by the Supreme Court in rulings that limit the scope of the right to bear arms.
Court: USDC New Mexico, Judge: Urias, Filed On: October 11, 2023, Case #: 1:23cv773, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Firearms, injunction
J. Newman denies the government's motion to dismiss, ruling the chamber of commerce's request for injunctive relief on claims related to government-set prescription drug prices under the Inflation Reduction Act allows it to pursue claims under associational standing on behalf of several drug manufacturers. However, because there is insufficient evidence at this stage to show a likelihood of success on the merits of the chambers' claims and any economic harm to the manufacturers will not be realized for years, their request for a preliminary injunction will be denied.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: September 29, 2023, Case #: 3:23cv156, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, Government, injunction
Per curiam, the Fifth Circuit finds the district court properly granted a preliminary injunction in favor of the states and internet users to prevent certain federal officials from removing or downgrading social media content centering on the Covid-19 lab-leak theory, lockdowns, vaccine side effects, election fraud and the Hunter Biden laptop story. The White House, together with the Surgeon General’s office, likely coerced the social media platforms to moderate content through threats of adverse consequences, significantly influencing decisions by commandeering the platforms’ decision-making processes, in violation of the First Amendment. The district court’s judgment is affirmed with respect to the White House, the Surgeon General, the CDC and the FBI, and reversed as to all other officials. The preliminary injunction is vacated except for a prohibition regarding the platforms’ decision-making, which is modified.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 8, 2023, Case #: 23-30445, Categories: constitution, Technology, injunction
J. Gottschall dismisses a proposed class action complaint against Illinois, brought by a Black mother whose minor son has suffered PTSD as a result of his constant exposure to gun violence on Chicago's South Side. The mother proposed a class action against Illinois, the governor and the state police, on behalf of her son and other Black children who have suffered disabilities stemming from gun violence. She sought an injunction compelling the state and state police to more strictly enforce gun control laws and to exert more regulatory power over weapons dealers, all to stem the flow of guns into Chicago. However, the mother lacks standing under Article III of the U.S. Constitution, and she cannot show how the regulatory reforms she seeks would translate into reduced gun violence in Chicago.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: September 5, 2023, Case #: 1:18cv6675, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: constitution, Class Action, injunction
J. Brooks grants a social media trade association’s preliminary injunction stopping a state law from taking effect that would have required social media users to verify their age and have minors receive consent from an adult before accessing the platforms. Companies argued the law is too broad to enforce, stifles freedom of speech, and does not directly translate to protecting minors from the harms of social media. "Age-gating social media platforms for adults and minors does not appear to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: August 31, 2023, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: Communications, constitution, injunction
J. O'Connor grants an injunction to three individuals in their case challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' inclusion of firearms with forced reset triggers in the definition of "machinegun." They have shown a strong likelihood of success on the merits and that they will suffer irreparable harm without an injunction.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: August 30, 2023, Case #: 4:23cv830, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: constitution, Firearms, injunction
J. Scudder vacates a lower court injunction requiring a prison’s Sexually Dangerous Persons Program to provide a minimum of 7.5 hours of “core” group therapy per week to detainees confined under civil commitment. The injunction is overbroad, inflexible, and beyond what is necessary to remedy a constitutional violation. The lower court must reconsider the scope of its injunction. Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1368, Categories: constitution, Health Care, injunction
J. Broderick denies a synagogue's motion for preliminary injunction to prevent the Governor from enforcing a law preventing concealed carry of firearms in locations providing any kind of childcare. Although the congregation alleges that the provision deprives them of their First, Second, and Fourteenth Amendment rights, and have proven standing, they do not allege that the state officials themselves are committing any ongoing violations of federal law. The Governor and Attorney General are not proper defendants. Equities and the public interest weigh against injunctive relief.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: June 28, 2023, Case #: 1:22cv8300, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, Firearms, injunction