Tuesday, April 16, 2024

For Monday (final class)

Tuesday audio. Abstention papers due at the beginning of class.

Prep the remainder of Ch.9, including the review puzzles. Have a look at the SCOTUS opinions in the Idaho case, which illustrates a lot of what we discussed about scope of injunction and what happens after the injunction. Recall Doran, in which the Court explicitly said the injunction as to two bars did not prohibit the city from prosecuting anyone else under the same ordinance, subject to the law of precedent and stare decisis.

Note a change in law in § 9.17[1]--the Fourth Circuit overruled circuit precedent and ceased to be the one circuit holding that a plaintiff does not prevail when he obtains a preliminary injunction, without more. That is one of our oral argument cases.