The Sixth Circuit (with one concurrence) has ended the appeal of the district court’s denial of a preliminary injunction on grounds of mootness.

Background from the opinion, “This appeal arises from a ballot proposal initiated by Cynthia Brown. In February 2023, she sought to amend the Ohio Constitution to eliminate governmental immunities or defenses in certain state-law causes of action. That month, she submitted her proposed amendment and summary to the Attorney General. He rejected the summary as not ‘fair and truthful.’ In total, she has tried and failed eight times to obtain his approval.

[After unsuccessful efforts in the state courts,] Brown turned to federal court for relief. She sued the Attorney General in district court, alleging that Ohio’s initiative procedures violate the First Amendment facially and as applied” and applied for a preliminary injunction. The district court denied that motion and she appeal.