Mullin v. Doe · ¶77
When interim relief is sought, however, a court does not make a final decision on any matter necessary to the ultimate judgment. Instead, the court makes only a predictive—not a final—decision about the outcome of the case. And the likelihood that the court has jurisdiction over a claim and the likelihood that the claim is meritorious both bear on the claim’s ultimate prospects. See Arizona v. Biden, 31 F. 4th 469, 479 (CA6 2022) (Sutton, C. J.). So in evaluating the likelihood-of-success question for the purpose of ruling on a request for interim relief, courts may consider both the likelihood that they have jurisdiction and the likelihood that the claim will succeed on the merits. If they conclude that a claim fails on either ground, they must deny interim relief. Similarly, a court with appellate jurisdiction may reverse on either jurisdictional or merits grounds a lower court order…Read in context ›
slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.