Splitting Hairs and Ducking Issues: The Supreme Court’s Texas Case, Likelihood of Success, and Reasonable Probability

When a court needs to give interim relief (such as issuing a preliminary injunction or granting a stay of a lower court order), it is acting where there is a risk of error.  For this reason, the standards for determining … Continue reading Splitting Hairs and Ducking Issues: The Supreme Court’s Texas Case, Likelihood of Success, and Reasonable Probability