Constitutional Law

Interim ruling in one of the Chicago II cases

Discussion of the evidence and ruling here. This isn't a final disposition by any means. A lot of test cases do get disposed of at the prelim injunction stage, but the judge rules that this is not one of those. To get a preliminary injunction, which would bar enforcement of the statute during the time while trial is pending, a party must show that they are likely (tho not sure) to win, and also that they will suffer irreparable harm if made to wait for trial, plus two other things. Otherwise, the usual rule of you win after trial and not before applies.

Full post as published by Of Arms and the Law on October 14, 2010 (boomark / email).