Quote:
Originally Posted by BettyZ
If CA appeals the preliminary injunction and loses, they can appeal again for an en banc hearing in front of 11 appellate judges of the 9th Circuit. Same goes for if the plaintiffs lose in the 3 judge panel. The 9th can decide not to re-hear the case. Alternatively they can hear it and rule either way.
Regardless of which way the ruling goes, it will not be "law". The motion at hand was for a preliminary injunction to prevent the state from enforcing this law, due to the likelihood of immediate and irreparable injury to the plaintiffs, until the case can be hear on the merits and a ruling made on the constitutionality of the law.
Regardless of how the case goes, it will only apply to CA. However, it will become case law and thus dispositive in any future suits regarding future laws of the same nature passed by other states in the 9th Circuit.
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Thank you for clearing that up sir!
Immediate and irreparable injury to the plaintifs...
Theres a section in Judge Benitez's ruling that mentions "injury" to the plaintiffs. Makes sense.