Middle East Broadcasting Networks, Inc. v. U.S.A. (VOA injunction, CA)
Overview
Overview
The government appealed Judge Lamberth's preliminary injunction preventing the government from dismantling the Voice of America.
The Issue
Issue
Whether the government has authority to dismantle the Voice of America and whether the preliminary injunction preventing such dismantling should be upheld on appeal.
The Rules
Rule
A preliminary injunction is appropriate when the movant demonstrates likelihood of success on the merits, irreparable harm absent the injunction, favorable balance of equities, and that the injunction serves the public interest.
The Application
Analysis
The lower court found the plaintiff likely to succeed on the merits and would suffer irreparable harm, issuing the preliminary injunction against VOA dismantling. The government appealed, challenging Judge Lamberth's legal conclusions regarding these elements.
The Conclusion
Conclusion
The DC Circuit is reviewing whether the preliminary injunction was properly issued. The injunction remains in effect pending the appellate decision.
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