O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft

MURPHY, Circuit Judge, joined in full by EBEL, KELLY, and O’BRIEN, Circuit Judges, and as to Part I by HARTZ, McConnell, and tymkovich, Circuit Judges,

concurring in part and dissenting in part.

I agree with the per curiam opinion that a movant for a preliminary injunction must make a heightened showing when the requested injunction will alter the status quo. As set out more fully below, such, an approach is completely consistent with the historic purpose of the preliminary injunction. Accordingly, I join parts I, II, and III.A of the per curiam opinion. I must respectfully dissent, however,…