“Defendants respectfully request that the Court stay its July 4 preliminary injunction pending Defendant’s appeal of that order. See Notice of Appeal, Dkt. 296. The Government faces irreparable harm with each day the injunction remains in effect, as the injunction’s broad scope and ambiguous terms (including a lack of clarity with respect to what the injunction does not prohibit) may be read to prevent the Government from engaging in a vast range of lawful and responsible conduct—including speaking on matters of public concern and working with social media companies on initiatives to prevent grave harm to the American people and our democratic processes.”
“These immediate and ongoing harms to the Government outweigh any risk of injury to Plaintiffs if a stay is granted, and for the same reason, a stay is in the public interest. Moreover, Defendants have shown a substantial case on the merits regarding Plaintiffs’ lack of Article III standing and failure to present evidence substantiating their First Amendment claims. Accordingly, this Court should exercise its discretion to temporarily stay the preliminary injunction during the pendency of Defendants’ Fifth Circuit appeal,” write the Biden DOJ lawyers in a motion seeking a stay against that hick judge’s order blocking them from contacting social media sites regarding misinformation.