2006 Supreme Court term

MICHAEL W. SOLE, SECRETARY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. v. T.A. WYNER, ET AL.

Dockets 06-531Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioners, the case concerns whether parties who obtain a preliminary injunction are entitled to attorney's fees.

Background and question before the Court

Justice Scalia asked what would happen if the parties obtained a TRO instead of a preliminary injunction.

According to Justice Stevens, the Court inquired whether the underlying principle involved a First Amendment right to demonstrate in the nude.

What each side argues

Petitioners

Petitioners argue that appellate precedent holds that plaintiffs who obtain a preliminary injunction are prevailing parties entitled to attorney's fees.

According to Ms. Millett, they further contend that fee entitlement is tied to a violation of Federal law, but a consent decree situation can also permit fees when the defendant does not resist final relief.

According to United States, they note that a preliminary injunction does not itself determine a violation of Federal law.

Respondents

According to Mr. GALANTER, respondents contend that the district court's orders treat similar protests differently and that this reading is unfair.

According to Ms. Seitz, they point out that costs awarded were reduced so that no party ultimately received any costs.

According to Mr. Galanter, they note that they received short notice—only a week—before the district court decided not to allow nude protest.

What happened at oral argument

Oral argument before the Supreme Court began at 11:20 a.m.

According to Chief Justice Roberts, chief Justice Roberts announced the case: “We’ll next hear Case 06‑531, Sole versus Wyner.”

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 1794925f58b9e8fcc579-r1-4981c3b5eb6c1671.pdforal argument transcript

Guide generated September 22, 2026. Automated validation accepted this version.