1:24-cv-00913-RMR Document 24 filed 05/24/24 USDC Colorado pg 3 of 6 preliminary injunction stage track the burdens at trial,’ so the Administration ‘bears the burden of proof on the ultimate question of the challenged [rules'] constitutionality.” Id. [...] 20, 2023) (plaintiff was likely to succeed on the merits of free speech claim “to the extent that the state would require Plaintiff and its staff to use a student’s or employee’s preferred pronouns as a condition of participating in the program”). [...] Defendants have cited no authority for the proposition that they could invite the public to comment on “Tiara’s law,” but condition that invitation on the requirement to only speak about it in a certain way. [...] 771, 778-779 (2024), the Supreme Court emphasized that it is always the defendant’s burden to establish “that it cannot reasonably be expected to resume its challenged conduct—whether the suit happens to be new or long lingering, and whether the challenged conduct might recur immediately or at some more propitious moment.” There, the Court held the case was not moot, 3 Case No. [...] Again, it is the Defendants who bear the burden of convincing the Court that they will not censor Plaintiffs’ trans-dissenting speech again, whether at an interim session or regular session—and whether that should occur next month or next year, or even later.
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