Sunday, October 20, 2024

Yet More Appealability

The Fifth Circuit allowed collateral-order doctrine appeal of an order compelling Media Matters (an advocacy group) to disclose its donors and funding. (Only for purposes of a stay of the order pending appeal). While recognizing that COD ordinarily does not cover discovery orders, especially after Mohawk, the court relied on a separate line of precedent applying COD to non-final orders that arguably infringe on First Amendment rights.

This should be setting off bells to whoever has Moody Bible for arguments.