Texas Top Cop Shop v. Garland
U.S. Court of Appeals for the Fifth Circuit
Texas Top Cop Shop v. Garland
Opinion
Case: 24-40792 Document: 160-1 Page: 1 Date Filed: 12/26/2024
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
December 26, 2024
No. 24-40792 Lyle W. Cayce
____________ Clerk
Texas Top Cop Shop, Incorporated; Russell Straayer;
Mustardseed Livestock, L.L.C.; Libertarian Party of
Mississippi; National Federation of Independent
Business, Incorporated; Data Comm for Business,
Incorporated,
Plaintiffs—Appellees,
versus
Merrick Garland, U.S. Attorney General; Treasury
Department; Director FinCEN Andrea Gacki, Director
of the Financial Crimes Enforcement Network;
Financial Crimes Enforcement Network; Janet Yellen,
Secretary, U.S. Department of Treasury,
Defendants—Appellants.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:24-CV-478
______________________________
ORDER:
On December 3, 2024, the district court entered an order enjoining
enforcement of the Corporate Transparency Act and its corresponding
Reporting Rule. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-CV-478, 2024
Case: 24-40792 Document: 160-1 Page: 2 Date Filed: 12/26/2024
No. 24-40792
WL 5049220(E.D. Tex. Dec. 5, 2024). The Government requested a stay of the preliminary injunction, which the district court denied. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-CV-478,2024 WL 5145951
(E.D. Tex. Dec.
17, 2024).
The Government appealed, and on December 23, 2024, a motions
panel of this court granted the government’s emergency motion for a stay
pending appeal. Texas Top Cop Shop, Inc. v. Garland, No. 24-40792, 2024 WL
5203138 (5th Cir. Dec. 23, 2024) The order also expedited the appeal to the
next available oral argument panel.
The merits panel now has the appeal, which remains expedited, and a
briefing schedule will issue forthwith. However, in order to preserve the
constitutional status quo while the merits panel considers the parties’
weighty substantive arguments, that part of the motions-panel order granting
the Government’s motion to stay the district court’s preliminary injunction
enjoining enforcement of the CTA and the Reporting Rule is VACATED.
LYLE W. CAYCE, CLERK
United States Court of Appeals
for the Fifth Circuit
/s/ Lyle W. Cayce
ENTERED AT THE DIRECTION OF THE COURT
2
Reference
- Status
- Unknown