The Ninth Circuit's Preliminary Injunction Problem

Abstract

This essay addresses a question important to all district courts in the Ninth Circuit: Must they always analyze all four elements in a motion for a preliminary injunction, even where the most important element — irreparable harm — is missing? Until a recent Ninth Circuit case, the answer was clearly no. But Garcia v. Google apparently seeks to change this. That case affirmatively demanded that district courts always consider every element. This essay critiques Garcia and argues that Garcia's command need not be followed.