· 6/9/2015
GeorgiaCarry.Org, Inc. v. The U.S. Army Corps of Engineers
Citations
- 788 F.3d 1318
- 2015 U.S. App. LEXIS 9577
- 25 Fla. L. Weekly Fed. C 1245
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “[f]ailure to show any of the four factors is fatal, and the most common failure is not showing a substantial likelihood of success on the merits”
- noting that if the plaintiffs “have not shown a substantial likelihood of success on the merits, we need not consider the remaining factors in the preliminary injunction test”
- noting that this Court “upheld against Second Amendment challenge the federal prohibition on the possession of firearms by persons convicted of the misdemeanor crime of domestic violence, 18 U.S.C. § 922(g)(9)”
- declining to reach the merits of a Second Amendment claim in a preliminary injunction appeal because, among other things, the record was not fully developed and the parties had not briefed an important historical issue
- “This slim preliminary injunction record does not provide nearly enough information to enable a court to fairly engage in a thorough constitutional analysis.”
- “Because the plaintiffs have not shown a substantial likelihood of success on the merits, we need not consider the remaining factors in the preliminary injunction test.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Marcus, Rosenbaum, Ginsburg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.