Case 1:23-cv-03026-TOR ECF No. 91 filed 04/13/23 PageID.2251 Page 5 of 6
not minimal. Nationwide injunctions are also associated with forum shopping, which hinders the equitable administration of laws. See Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction, 131 HARV. L. REV. 417, 458-59 (2017) (citing five nationwide injunctions issued by Texas district courts in just over a year).
Azar, 911 F.3d at 583.
Defendants seek clarification regarding their obligations in light of a potentially contradictory order out of the Northern District of Texas. ECF No. 81. That order is currently stayed and was not in effect at the time of this Court’s preliminary injunction. Id. at 2. Under these circumstances, because the Court has jurisdiction over the parties before it and limited its preliminary injunction only to the Plaintiff States and the District of Columbia, this Court’s preliminary injunction was effective as of April 7, 2023 and must be followed by Defendants.
ACCORDINGLY, IT IS HEREBY ORDERED:
- Defendants’ Motion for Clarification and Motion to Expedite, ECF Nos. 81 and 82, are GRANTED.
- Pursuant to Federal Rule of Civil Procedure 65(a), irrespective of the Northern District of Texas Court ruling or the Fifth Circuit’s anticipated ruling, Defendants and their officers, agents, servants, employees, attorneys, and any person in active concert or participation, are PRELIMINARILY ENJOINED from:
ORDER GRANTING MOTION FOR CLARIFICATION ~ 5
