EQUITABLE STANDARDS FOR EQUITABLE RELIEF: BRIDGING THE CIRCUIT SPLIT ON IRREPARABLE SECOND AMENDMENT HARM

Volume 98, Online

By Jasmine Hinkey [PDF]

This Comment explores whether a chilling effect should be considered by courts when analyzing irreparable harm for preliminary injunctions in modern Second Amendment litigation. This Comment looks to two circuit court decisions—split on whether to presume irreparable harm if a Second Amendment plaintiff is likely to succeed on the merits—to demonstrate that one resolution of this jurisprudential divide lies in the Supreme Court’s willingness to acknowledge that Second Amendment rights can be chilled.

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