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Keywords

lawsuitdefendantjurisdictioninjunctionappealmotionappellantappellee

injunctionappealmotionwill

Related Cases

South Wind Women’s Center LLC v. Stitt, 808 Fed.Appx. 677

Facts

In response to the COVID-19 pandemic, the Governor of Oklahoma issued an Executive Order on March 24, 2020, postponing all elective surgeries and non-emergency medical procedures, which included abortion services. The order was amended to extend the postponement until April 30. Abortion providers filed a lawsuit against the Governor and state officials, arguing that the suspension of abortion services was unconstitutional. The district court granted a TRO, allowing abortions to proceed under certain conditions, which the defendants subsequently appealed.

In connection with the current COVID-19 pandemic, the Governor of Oklahoma issued an Executive Order (“EO”) on March 24 declaring a state of emergency and stating that 'Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 7.'

Issue

Is the temporary restraining order (TRO) issued by the district court immediately appealable as having the practical effect of a preliminary injunction?

Rule

Temporary restraining orders are generally not appealable, but may be if they operate as a preliminary injunction or if they are appealable as a final order. A three-part test is applied to determine if an interlocutory order has the practical effect of denying an injunction, requiring a showing of irreparable consequences and that the order can only be effectively challenged by immediate appeal.

Temporary restraining orders are not ordinarily appealable, but preliminary injunctions are appealable.

Analysis

The court analyzed whether the TRO had the practical effect of a preliminary injunction by applying a three-part test. It concluded that the Appellants did not demonstrate that the TRO would result in irreparable harm or that immediate appeal was the only means to challenge the order. The court noted that the TRO was of short duration and that the matter was still pending in the district court, allowing for a timely resolution.

The court analyzed whether the TRO had the practical effect of a preliminary injunction by applying a three-part test.

Conclusion

The Court of Appeals dismissed the appeal for lack of jurisdiction, concluding that the TRO was not immediately appealable.

The Court of Appeals held that TRO was not immediately appealable as having practical effect of a preliminary injunction.

Who won?

The Appellees (abortion providers) prevailed in the district court, as the court granted their motion for a temporary restraining order against the enforcement of the Executive Order.

The district court granted the motion for a temporary restraining order (“TRO”) in part on April 6, ordering that: (1) 'The prohibition on surgical abortions may not be enforced with respect to any patient who will lose her right to lawfully obtain an abortion in Oklahoma on or before the date of expiration of the Executive Order; and' (2) 'The prohibition on medication abortions may not be enforced.'

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