US Court of Appeals for the Fifth Circuit Opinions
Robinson v. Ardoin
Opinion Date: June 12, 2022
Judge: Per Curiam
Areas of Law: Civil Procedure
Before the Fifth Circuit were three emergency motions to stay, pending appeal, and an order of the district court that requires the Louisiana Legislature to enact a new congressional map with a second black-majority district. The Fifth Circuit concluded that though Plaintiffs’ arguments and the district court’s analysis are not without weaknesses, Defendants have not met their burden of making a “strong showing” of likely success on the merits. The court concluded that the cautionary principle from Purcell v. Gonzalez, 549 U.S. 1 (2006), prevents the ordered remedy from taking effect. Thus, the court vacated the administrative stay and denied the motion for stay pending appeal. The court explained that while Defendants urged the court to stay the district court’s order to give the Louisiana Legislature more time to enact a remedial plan, they have not explained why they cannot enact a new plan in the time that the district court allotted.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm