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ARTICLE · 14 AUGUST 2025

A Recent Fourth Circuit Opinion Signals A Potential Shift In Preliminary Injunction Analysis

Ward and Smith, P.A
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Attorneys practicing in the Fourth Circuit should take note of the Court's recent published decision in American Federation of Teachers v. Bessent, No. 25-1282 (4th Cir. Aug. 12, 2025) (AFT).

United StatesLitigation, Mediation & Arbitration
Chris Edwards
Chris Edwards

Attorneys practicing in the Fourth Circuit should take note of the Court's recent published decision in American Federation of Teachers v. Bessent, No. 25-1282 (4th Cir. Aug. 12, 2025) (AFT).

In that case, the U.S. Court of Appeals for the Fourth Circuit vacated a district court's preliminary injunction and outlined an analytical framework that could change how courts evaluate injunction requests going forward.

Most trial and appellate attorneys know the Supreme Court's four-factor test from Winter v. Natural Resource Defense Council. Under Winter, a plaintiff seeking a preliminary injunction must show:

  1. Likelihood of success on the merits;
  2. Likelihood of irreparable harm;

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