The Fifth Circuit's Decision to Affirm the Injunction

This is a district court judgment. The government actors have filed a notice to appeal and then filed a request to stay the injunction, pending that appeal. I think it's quite likely that the fifth circuit is going to affirm this in some form or another. And if we have a circuit split about a pretty significant issue because of the fifth circuit affirms this in any way, it's going to mean that it's adopting a test that looks incredibly different from the Ninth Circuit.