Wilson
Gregorio T. ex rel. Jose T. v. Wilson
Opinion
Lead Opinion
ORDER
These appeals challenge the district court’s preliminary injunction against implementation and enforcement of sections 4, 5, 6, 7 and 9 of Proposition 187, a California voter initiative enacted at the November 8,1994 general election. Appellants have moved to consolidate and expedite the appeals, and appellee League of United Latin American Citizens has moved to stay them. For the reasons stated below, we grant appellants’ motions and deny appellee’s.
28 U.S.C. § 1657 and Ninth Circuit Rule 34-3 give priority to preliminary injunction appeals. In addition, recently adopted Ninth Circuit Rule 3-3 (effective July 1,1995) automatically expedites briefing and decision in preliminary injunction appeals. Appellants have requested that Rule 3-3 govern this appeal. The request is granted.
In reviewing a preliminary injunction, we will consider only whether the district court relied on an erroneous legal premise or abused its discretion. See Sports Form, Inc. v. United Press International, 686 F.2d 750, 752-53 (9th Cir.1982). Extensive briefing of the merits of the underlying case is therefore unwarranted. Accordingly, the parties shall brief the issues in light of the standards…