BROWN v. SEC'Y, DEPT. OF HEALTH AND HUMAN SERV'S

No. 20-14210.

4 F.4th 1220 (2021)

Richard Lee BROWN, Jeffrey Rondeau, David Krausz, Sonya Jones, National Apartment Association, Plaintiffs-Appellants, v. SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Department of Health and Human Services, Chief of Staff, U.S. Centers for Disease Control and Prevention, U.S. Centers for Disease Control and Prevention, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 14, 2021.


Attorney(s) appearing for the Case

Caleb Kruckenberg , Kara McKenna Rollins , New Civil Liberties Alliance, Washington, DC, James W. Hawkins , Ichter Davis, LLC, Atlanta, GA, for Plaintiffs-Appellants.

Alisa Beth Klein , U.S. Attorney General's Office, Brian James Springer , Leslie Cooper Vigen , U.S. Department of Justice, Washington, DC, U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Defendants-Appellees Secretary, Department of Health and Human Services, U.S. Centers for Disease Control and Prevention.

Brian James Springer , Leslie Cooper Vigen , U.S. Department of Justice, Washington, DC, U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Defendant-Appellee U.S. Department of Health and Human Services.

Alisa Beth Klein , U.S. Attorney General's Office, Leslie Cooper Vigen , U.S. Department of Justice, Washington, DC, U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, Atlanta, GA, for Defendant-Appellee Chief of Staff, U.S. Centers for Disease Control and Prevention.

Before BRANCH, GRANT, and TJOFLAT, Circuit Judges.


When a district court denies a preliminary injunction, the plaintiffs have a choice: they can appeal the denial, or they can proceed with trying the case on the merits. If they choose to appeal, they often face an uphill battle. Rather than just persuade the judge on the merits, the plaintiffs must show that they are likely...

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