After the Fifth Circuit panel unanimously denied the state’s stay request, Louisiana turned to the Supreme Court. In June 2022, the Supreme Court agreed to stay the injunction and ordered that the case be held in abeyance until it decided the outcome of the Alabama case.
Once the Alabama case was decided in June, the Supreme Court dismissed Louisiana’s petition for review and handed the issue back to the Fifth Circuit while retaining the preliminary injunction.
A Fight Over Timing
In August, Louisiana asked Judge Dick to cancel the court’s October 3-5 hearing and schedule a trial in the case. However, Judge Dick rejected the request, citing extensive prior litigation and substantial preparation for the hearing.
Louisiana then sought writ of mandamus relief from the Fifth Circuit, leading to the current legal quagmire.
Dueling Perspectives
The Supreme Court filings by the voters contended that the Fifth Circuit panel’s order should have been stayed, as it represented an improper attempt to “jump the line” and decide an issue that squarely fell under the jurisdiction of a separate appellate panel that heard oral arguments on October 6. According to the voters, the order introduced “unjustified and unnecessary delay” into the case.
