O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft

McCONNELL, J., joined by TYMKOVICH, J., concurring, and joined by HARTZ, J., and O’BRIEN, J., as to Part I.

This Court has traditionally required a heightened showing for preliminary injunctions in three “disfavored” categories: injunctions that disturb the status quo, mandatory injunctions, and injunctions that afford the movant substantially all the relief it may recover at the conclusion of a full trial on the merits. SCFC ILC, Inc. v. Visa USA Inc., 936 F.2d 1096, 1098-99 (10th Cir.1991). We heard this case en banc to consider whether to jettison the heightened standard for preliminary…