Order permitting Interlocutory appeal
November 30 Decision of Judge Batten certifying question for interlocutory appeal. While the Court does not state which question is being certified, this is an obvious reference to Jacobson v. Florida Secretary of State, which held that a Plaintiff cannot enjoin the Secretary of State to take action in the province of inferior officials. Case will go to a conservative court that reached its ruling in denying relief sought by Democrats. Jacobson can be distinguished, but the judge is correct that his decision should be subject to appellate review. Could go to the US Supreme Court.
November 30 Decision of Judge Batten certifying question for interlocutory appeal. While the Court does not state which question is being certified, this is an obvious reference to Jacobson v. Florida Secretary of State, which held that a Plaintiff cannot enjoin the Secretary of State to take action in the province of inferior officials. Case will go to a conservative court that reached its ruling in denying relief sought by Democrats. Jacobson can be distinguished, but the judge is correct that his decision should be subject to appellate review. Could go to the US Supreme Court.
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Case 1:20-cv-04809-TCB Document 22 Filed 11/30/20 Page 1 of 2<br />
IN THE UNITED STATES DISTRICT COURT<br />
FOR THE NORTHERN DISTRICT OF GEORGIA<br />
ATLANTA DIVISION<br />
CORECO JA’QAN PEARSON,<br />
VIKKI TOWNSEND<br />
CONSIGLIO; GLORIA KAY<br />
GODWIN; JAMES KENNETH<br />
CARROLL; CAROLYN HALL<br />
FISHER; CATHLEEN ALSTON<br />
LATHAM; and BRIAN JAY VAN<br />
GUNDY,<br />
v.<br />
Plaintiffs,<br />
BRIAN KEMP; BRAD<br />
RAFFENSPERGER; DAVID J.<br />
WORLEY; REBECCA N.<br />
SULLIVAN; MATTHEW<br />
MASHBURN; and ANH LE,<br />
CIVIL ACTION FILE<br />
NO. 1:20-cv-4809-TCB<br />
Defendants.<br />
O R D E R<br />
The Court finds that its November 29 order partially granting<br />
Plaintiffs’ motion for a temporary restraining order involves a<br />
controlling question of law as to which there is substantial ground for
Case 1:20-cv-04809-TCB Document 22 Filed 11/30/20 Page 2 of 2<br />
difference of opinion and that an immediate <strong>appeal</strong> from the order may<br />
materially advance the ultimate termination of the litigation. 28<br />
U.S.C.A. § 1292(b).<br />
IT IS SO ORDERED this 30th day of November, 2020.<br />
____________________________________<br />
Timothy C. Batten, Sr.<br />
United States District Judge<br />
2
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