Case Explained: (1:22-cv-01272-LMB-IDD) ISAIAH WILKINS; CAROL COE; NATALIE NOE; MINORITY VETERANS OF AMERICA Plaintiffs – v. PETE HEGSETH

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-06-25 The Fourth Circuit granted the government’s motion for a partial stay pending appeal of the district court’s August 2024 permanent injunction barring the denial of military accession to asymptomatic HIV-positive individuals with undetectable viral loads. The court denied the appellees’ request for reimbursement of transcript costs. The majority opinion does not explicitly state the legal basis or factors applied in granting the stay, while the dissenting opinion argues that the government failed to satisfy the four-factor standard established in *Nken v. Holder*—specifically failing to demonstrate irreparable harm due to its unexplained 14-month delay in seeking relief and non-compliance with Federal Rule of Appellate Procedure 8(a)(1) regarding the requirement to first move for a stay in the district court. The practical consequence is that the district court’s injunction remains partially stayed pending the outcome of the en banc appeal, though the dissent argues this relief was improvidently issued. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.