Plaintiffs' Motion for Preliminary Injunction on Counts 23-27

On February 21, 2026, Plaintiffs filed a motion for preliminary injunction on Counts 23-27 of their Fifth Supplemental Complaint, challenging the newly enacted H.B. 392 and S.J.R. 5, which create an arbitrary and unilateral power for government litigants to transfer a case from a district court to a three-judge panel. The new laws make this choice not subject to judicial review. Because of the imminent threat that the Legislature will attempt to transfer this case to a new unconstitutional panel of judges, Plaintiffs moved for a preliminary injunction consolidated with a trial on the merits to quickly resolve this legal violation.