Thread by @lawofruby

At today's preliminary injunction hearing, Judge Matthew Kacsmaryk "applauded the 'excellent, superb' arguments from both sides, saying it was a 'smorgasbord of appellate-grade work.'" 1/

texastribune.org/2023/03/15/fda…

Kacsmaryk seems to have an appellate court fetish. At last Friday's conference, Kacsmaryk asked the parties not to publicize today's hearing to avoid "any unnecessary circus-like atmosphere of what should be more of an appellate-style proceeding." 2/

But hearings like today's should not be like oral argument at a federal appeals court. The 5th Circuit requires courts to consider questions of fact and law in resolving preliminary injunction motions. 3/

And though preliminary injunctions are typically granted "on evidence that is less complete than a trial on the merits," and do not necessitate courtroom testimony, that doesn't mean evidentiary hearings aren't helpful, or even necessary in many cases. 4/

That Kacsmaryk thought today should be like an appellate proceeding, and praised the parties for behaving as such, is yet another suggestion that he doesn't fully grasp his role. 5/ #appellatetwitter