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Federal Lawsuit Update from Grant Wolf, Lead Attorney re Wise et al. v Inslee et al.

Updated: Dec 14, 2021

-Our amended complaint and our new TRO were submitted Wednesday 12/1.

-On Wednesday, the state will decide if it will grant leave for us to amend, or if we will need to do so with a motion that we will subsequently argue to the court 

-Regardless of the outcome of the attempt to amend the complaint, we will be submitting a renewed TRO

-Regardless of what happens Wednesday, the state will be submitting a motion to dismiss the case entirely. Odds are, the motion to dismiss and the renewed TRO hearing will be consolidated into a single hearing (date TBD) 

-We don't believe the case will be dismissed; but, we aren't particularly hopeful that the renewed TRO will be granted, given the outcome of our last attempt. The reason we are submitting it is to create a record that reflects recent cases (eg the federal case that went against Biden's mandate, and cases that have been successful in other states), and to ensure that the record reflects what we are trying to do (the court initially seemed to think that our first TRO was a facial challenge, when-- in reality-- it was an "as applied" challenge. The standards are very different, so we want to ensure that the record reflects that we are going for the lower, "as applied" standard).

-If the renewed TRO is not granted, this record will be vital insofar as it will be the basis of our appeal to either the 9th circuit, or (hopefully) the US Supreme Court. Since these new cases weren't in our original briefings, we won't be allowed to bring them up unless there is a new record, which we can only establish with the amended complaint and/or the renewed TRO. 

We should have a full briefing/hearing schedule sometime next week.

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