United States DC Circuit

The issuance of a preliminary injunction, which required disconnection of the Department of Interior's computer systems from the internet, is vacated where the district court erred by 1) placing the burden of persuasion on defendant, and 2) failing to hold an evidentiary hearing prior to entering the injunction.

Appellate Information

• Decided 12/03/2004
• Published 12/03/2004

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Robert E. Kopp, Thomas M. Bondy, Charles W. Scarborough, Alisa B. Klein, Lewis S. Yelin, and Tara L. Grove, Attorneys.


• For Appellees:
  
• G. William Austin, III argued the cause for appellees Elouise Pepion Cobell, et al.   With him on the brief were Elliott H. Levitas, Mark I. Levy, Dennis M. Gingold, and Keith M. Harper.  Jamin B. Raskin and Mark K. Brown entered appearances.