S. 968, 972 (1997)

The Court may issue interim injunctive relief only when the movant demonstrates ” that [they are] likely to succeed on the merits, that [they are] likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [his or her] favor, and that an injunction is in the public interest.” Wintertime v. Absolute Res. Def. Council, 555 U.S. 7, 20 (2008).

Cf. Benten v. Kessler, 505 U.S. 1084, 1085 (1992) (per curiam). Indeed, absent a “substantial indication” of likely success on the merits, “there would be no justification for the court’s intrusion into the ordinary processes of administration and judicial review.” Are. Bankers Ass’n v. , 38 F. Supp. 2d 114, 140 (D.D.C. 1999) (internal citations and quotation marks omitted).

Nat’l Borrowing from the bank Commitment Admin

The other critical factor in the injunctive relief analysis is irreparable injury. A movant must “demonstrate that irreparable injury is likely in the absence of an injunction.” Winter, 555 U.S. at 22 (citing La v. Lyons, 461 U.S. 95, 103 (1983)). If the plaintiff demonstrates a likelihood of success on the merits and irreparable injury, the court “must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief.” Amoco Prod. Co. v. Gambell, 480 U.S. 531, 542 (1987).

“The four factors have typically been evaluated on a “‘sliding scale.'” Davis v. PBGC, 571 F.3d 1288, 1291-92 (D.C. Cir. 2009). Under this approach, “[i]f the movant makes an unusually strong showing on one of the factors, then it does not necessarily have to make as strong a showing on another factor.” Id. While there is some doubt as to whether the sliding scale approach is still appropriate after the Supreme Court’s decision in Winter, it remains good law in this Circuit. Continue reading “It is particularly important that the movant have indicated a probability of achievements towards merits”