EPIC Loses Preliminary Injunction Appeal on Standing Grounds in Suit Against Pence-Kobach Voter Fraud Commission

DC Circuit opinion:

On an interlocutory basis, EPIC appeals the denial of a preliminary injunction. See 28 U.S.C. § 1292(a)(1). We agree with the district court that EPIC is unlikely to succeed on its APA claims. But we reach that conclusion for a different reason from the one the district court identified. See Parsi v. Daioleslam, 778 F.3d 116, 126 (D.C. Cir. 2015) (“Ordinarily, a court of appeals can affirm a district court judgment on any basis supported by the record, even if different from the grounds the district court cited.”). Specifically, we uphold the denial of a preliminary injunction because EPIC has not shown a substantial likelihood of standing. See Food & Water Watch, Inc. v. Vilsack, 808 F.3d 905, 913 (D.C. Cir. 2015) (“A party who fails to show a ‘substantial likelihood’ of standing is not entitled to a preliminary injunction.” (quoting Obama v. Klayman, 800 F.3d 559, 568 (D.C. Cir. 2015) (opinion of Williams, J.)))…

We conclude that EPIC lacks standing to obtain such relief because it has suffered no cognizable informational or organizational injury. We analyze and reject those two asserted types of injury in turn without necessarily agreeing that they are in fact analytically separate here. Indeed, as will be seen, EPIC identifies no organizational harm unrelated to its alleged informational injury


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