the State has explained that its position is that notwithstanding our order and the Supreme Court’s affirmance, the Legislature was not required to include an additional opportunity district in the 2023 Plan. Aug. 14 Tr. 159–64. That concession controls this case. ... As we explain below, our conclusions rest on facts the State does not dispute. Because the record establishes the other requirements for relief — that the Plaintiffs will suffer irreparable injury if an injunction does not issue, the threatened injury to the Plaintiffs outweighs the damage an injunction may cause the State, and an injunction is not adverse to the public interest — under Federal Rule of Civil Procedure 65(d) we PRELIMINARILY ENJOIN Secretary Allen from conducting any elections with the 2023 Plan.
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