A Pennsylvania judge ruled Monday that Elon Musk’s daily $1 million giveaway to voters can continue, in a victory for the tech billionaire and Donald Trump ally.
Philadelphia Court of Common Pleas Judge Angelo Foglietta rejected arguments from the city’s district attorney, Larry Krasner, who argued that the sweepstakes was an illegal lottery violating state law and must be halted immediately.
The ruling came shortly after an all-day hearing in a packed courtroom in downtown Philadelphia. The hearing was heated at times, with Krasner’s team calling Musk’s political team “shysters” who are running a “scam” and “grift” – and Musk’s team accusing the district attorney of pursuing a “dreadful violation of constitutional rights.”
It’s not necessarily legal.
The judge hasn’t ruled yet on whether Musk broke the law. He simply declined to issue a preliminary injunction.
A preliminary injunction tells someone to stop what they are doing while the court case plays out. In order to get a preliminary injunction, you have to convince a judge that there will be irreparable harm by letting someone continue.
In other words, a judge might rule against an injunction but nevertheless end up ruling against the defendant. Especially if the judge thinks the harm has already been done.