As previously reported, a Maryland federal judge recently issued a nationwide preliminary injunction temporarily halting key provisions of the Executive Orders concerning DEI. Yesterday, the same judge denied the government’s motion to stay the injunction pending appeal.
The judge reiterated that plaintiffs have shown a strong likelihood of success on the merits with respect to at least their claims that the EOs contain unconstitutionally vague language, and explained that there are four factors relevant to the issuance of a stay pending appeal:
- whether the stay applicant has made a strong showing that he is likely to succeed on the merits;
- whether the applicant will be irreparably injured absent a stay;
- whether issuance of the stay will substantially injure the other parties interested in the proceeding; and
- where the public interest lies.
In denying the government’s motion, the court held that the four factors relevant to the issuance of a stay pending appeal all militate against a stay and against narrowing the preliminary injunction to Plaintiffs and their members.