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NTEU Court Decision Issuing Stay May 16
O R D E R
Upon consideration of the emergency motion for stay pending appeal and an
immediate administrative stay, the opposition thereto, and the reply, it is
ORDERED that the motion for stay be granted. The Government has met the
requirements for a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009).
A stay applicant must show that (1) it “is likely to succeed on the merits,” (2) it “will be
irreparably injured absent a stay,” (3) a stay will not “substantially injure” other
interested parties, and (4) a stay is in the “public interest.” Id.
1. The Government is likely to prevail in its appeal of the district court’s
preliminary injunction. To obtain a preliminary injunction, a plaintiff must demonstrate
that it will suffer irreparable harm while the case is pending. See Winter v. NRDC, 555
U.S. 7, 20, 32 (2008). The National Treasury Employees Union failed to establish
irreparable harm. That is a sufficient basis for vacating a preliminary injunction.1 See
Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C. Cir. 2006)
(“movant’s failure to show any irreparable harm is . . . grounds for refusing to issue a
preliminary injunction, even if the other three factors . . . merit such relief”).