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Legal Commentary
: PrawfsTRO issued in Pennsylvania case
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Order here. (H/T: Jeff Spangler, commenting on an earlier post).
Nothing surprising or detailed. The DA argued Younger abstention, which the court rejected for the obvious reason that there is no pending prosecution. The court was admittedly cursory in the merits analysis, emphasizing that this was just a motion for a TRO and the only issue is a reasonable likelihood of success on the merits. The court did not seem to recognize that the "retaliation" would come only if the prosecutor actually filed charges, not from the mere threat.
I wonder how long before the DA makes this go away quietly--this cannot be good for him.
Full post as published by Prawfs on March 31, 2009 (boomark / email).
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