After the West Virginia legislature enacted the law, the district court issued an injunction against its enforcement. For 18 months, the state did not challenge the injunction.
Later, the district court ruled in the state's favor. Pepper-Jackson then appealed to the Fourth Circuit and asked for an injunction while the appeal was pending. A divided three-judge panel granted the injunction, which the Supreme Court declined to reverse in April 2023 without expressing a view on the merits of the case.
The Court decided not to disturb the injunction likely because the state did not ask for urgent emergency action for over a year.
Gross.