Raymond Campbell v. Marco Rubio, Secretary of State, et al.

In A.A.R.P. v. Trump, 145 S. Ct. 1364 (2025) (per curiam), this Court vacated a judgment of the Fifth Circuit dismissing, for lack of jurisdiction, an appeal from a district court’s constructive refusal of emergency injunctive relief, reaffirming that appealability under 28 U.S.C. § 1292(a)(1) turns on an order’s practical effect. See Carson v. American Brands, Inc., 450 U.S. 79 (1981). Fourteen months later, a Fifth Circuit panel dismissed, for lack of jurisdiction and in a single unexplained paragraph, Petitioner’s appeal from a district court order declaring that Petitioner “has not demonstrated a likelihood of success on the merits” and that the court “would therefore deny any motion for a temporary restraining order that is filed,” while Petitioner suffered ongoing, irreparable constitutional and economic injury. The question presented is: Whether a court of appeals may dismiss, for lack of appellate jurisdiction under 28 U.S.C. § 1292(a)(1), an appeal from a district court order whose practical effect is to refuse preliminary injunctive relief indefinitely, without applying the practical-effect standard of Carson and A.A.R.P.