re: 5th Circuit lifts injunction on Biden Administration

The stay of the injunction is temporary granted by the 3 judge panel today is temporary.

The order also says that the 5th Circuit will consider whether to keep judge doughty’s injunction in place at its next oral argument date, which is July 25.

Mind you the injunction that Doughty granted was merely a “preliminary injunction” which orders Biden to stop censoring until trial on whether they should be permanently enjoined happens. This is also confusing bc in order to have obtained the preliminary injunction, Landry had to show that it was “likely” that they would prevail on merits in the first place.

This means, at a trial on the merits These same witnesses (potentially Fauci, the guy named Elvis, Peppermint Patty etc.) would have to testify live at trial if the permanent injunction goes to trial. (At the hearing the judge only considered their depo transcripts). I can’t see how they would settle, but I’ve settled injunctions via consent judgment before. So that’s the only way it gets finally resolved if they can’t settle it. Biden’s only hope to keep censoring would be if the 5th Cir reversed Judge Doughty entirely. Due to the makeup of the whole 5th Circuit, I have a difficult time seeing Judge Kyle Duncan reversing Doughty (remember his free speech stance against Stanford Law School psycho diversity Dean moron).

The next oral argument is set in the en banc courtroom (en banc means all of the judges). Not sure what that means as to whether it’s just the 3 judges who lifted the injunction for 2 wks will hear it, in the en banc courtroom, or whether the whole 5th circuit will hear it bc they’re scheduled to all be there on that date.

5th Circuit oral argument calendar