Preliminary injunction granted against Arizona's statute prohibiting state contractors from boycotting Israel

Case name is Jordahl, et al, Plaintiffs v Brnovich, et al, Defendants.

United States District Judge Diane J. Humetewa of the District of Arizona, sitting at Phoenix, granted a preliminary injunction against an Arizona statute that requires state contractors to certify that they are not boycotting Israel.

Judge Humetewa found that the statute facially violates the First Amendment and that the Plaintiffs were likely to succeed on their claims in granting this preliminary injunction. Most likely this case will be decided in few months on summary judgement, after briefing and oral arguments.

I don’t see the Ninth Circuit overturning this preliminary injunction, so things will likely stay as they are until this case reaches the final judgment state.

I believe the court took the correct action for the correct reasons.

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Sorry to necropsy this old thread, but easier to do it this way than to start a new thread.

A 3 Judge panel of the Ninth Circuit vacated the District Court injunction for mootness.

In August 2019, Arizona changed its law to exempt firms under 10 persons and contracts under $100,000 from the anti-BDS law.

As Jordahl’s firm consists of less than 10 people and because his contract with the State of Arizona amounts to only $18,000 a year, he is now exempt from the anti-BDS law. His case is therefore now moot.

Jordahl can still get an award of attorney’s fees and costs against Arizona.

A shrewd move by Arizona. They knew they would lose on the merits of the case if it was allowed to go forward. So they changed their law to eliminate the only current party litigating against the case.

Of course, it is still quite possible that a large company might try to get a contract with the State of Arizona, object to the anti-BDS law and bring suit. But for now, there is no active litigation against Arizona.