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1. of an abuse of discretion standard in such a situation. <br />2 However, there is a question of whether there is a square <br />3 holding on the constitutional point. Because the lower court <br />4 judge utilized the normal standard that is used in the Seventh <br />Circuit, which is the standard of whether one is likely to <br />6 prevail upon the merits. <br />7 QUESTION: You were just talking about appellate <br />8 jurisdiction, were you not, not certiorari jurisdiction? <br />9 MR. MCDOWELL: That is correct. We were speaking of <br />10 appellate jurisdiction. <br />11 QUESTION: So if you are talking about jurisdiction, <br />12 we can always just grant cert. <br />13 MR. MCDOWELL: Oh, certainly. <br />14 QUESTION: But that would still leave the standard of <br />15 review that the Chief Justice was talking about. <br />16 MR. MCDOWELL: That is correct. And in fact, the <br />17 District Court did not abuse its discretion in granting the <br />18 preliminary injunction in this case. <br />19 When we turn to the substance of the case and the <br />20 merits of the case on the free speech issue -- <br />21 QUESTION: Mr. McDowell, is this a facial attack on <br />22 the ordinance? <br />23 MR. MCDOWELL: The attack is more in line of a facial <br />24 attack, in that what the picketers are challenging is the <br />25 application of the ordinance to picketers in general and into <br />27 <br />Heritage Reporting Corporation <br />(202) 628-4868 <br />