U.S. Court of Appeals for the Third Circuit

Americans for Prosperity Foundation v. Anthony Albence

August 31, 2026

Summary

The Court affirmed the denial of a preliminary injunction against Delaware's campaign-finance disclosure law. It held that a preliminary injunction remains discretionary even when a plaintiff shows some likelihood of success and irreparable First Amendment injury, and that the challengers had not shown sufficient harm or urgency to justify disrupting a longstanding status quo. The undeveloped factual record also made their likelihood of success on both facial and as-applied claims uncertain.