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Tenth Circuit Upholds Injunction Barring Oklahoma Anti-Sharia, Anti-international Law Constitutional Amendment
Published online by Cambridge University Press: 20 January 2017
Abstract
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- Type
- Contemporary Practice of the United States Relating to International Law
- Information
- Copyright
- Copyright © American Society of International Law 2012
References
1 Awad v. Ziriax, 754 F. Supp. 2d 1298, 1308 (W.D. Okla. 2010).
2 Awad v. Ziriax, No. 10-6273, 2012 U.S. App. LEXIS 475, 670 F.3d 1111 (10th Cir. Jan. 10, 2012).
3 Id. at *7-8.
4 Id. at *8-9 (quoting revised ballot title).
5 Crook, John R., Contemporary Practice of the United States, 104 AJIL 654, 658 (2010)Google Scholar; 105 AJIL 122, 123 (2011).
6 U.S. CONST, amend. I, cl. 1: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ...”
7 Awad, 2012 U.S. App. LEXIS 475, at *14.
8 4d.
9 Id. at *20-24 (citations omitted).
10 Id. at *28.
11 "To obtain a preliminary injunction, Mr. Awad must show that four factors weigh in his favor: '(1) [he] is substantially likely to succeed on the merits; (2) [he] will suffer irreparable injury if the injunction is denied; (3) [his] threatened injury outweighs the injury the opposing party will suffer under the injunction; and (4) the injunction would not be adverse to the public interest.'" Id. at *28–29.
12 Id. at *38–39.
13 Id. at *41.
14 Id. at *42–43 (citations omitted).
15 Id. at *47–48 (citations omitted).