The Fifth Circuit granted a stay during appeal in a challenge to a Texas JP’s practices regarding an invocation at the beginning of court proceedings: “In deciding whether to grant a stay pending appeal, we consider four factors: ‘(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.’ All four factors favor Judge Mack.” The Court found a “manifestly erroneous” analysis of Ex Parte Young by the district court, which guided the application of the remaining factors in the appellant’s favor. Freedom From Religion Foundation v. Mack, No. 21-20279 (July 9, 2021).

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