Kealii Makekau, et al. v. Hawaii, et al.

Whether the Court’s grant of an injunction pursuant to the All Writs Act, 28 U.S.C. § 1651(a), which requires a “finding that [plaintiff] has a significant possibility of success on the merits,” Dunn v. McNabb, 138 S. Ct. 369 (2017), constitutes, in the absence of any statement to the contrary, a sufficient consideration of the merits to be the “judicial imprimatur” necessary for prevailing-party status under 42 U.S.C. § 1988.

Whether the cancellation of a challenged election during the voting period, and the cancellation in advance of a second, challenged election, constitute an enduring change in the legal relationship of the parties, so that the plaintiffs who challenged those elections may be deemed prevailing parties under 42 U.S.C. § 1988.