Nken v. Holder Test 556 U.S. 418
1. Likelihood of Success on Merits
0.68
Executive property statutory discretion & NHPA review exemption
2. Irreparable Harm to Applicant (Gov)
0.75
Project disruption costs, security perimeter delays, state function
3. Harm to Non-Moving Party (Plaintiffs)
0.62
Alteration of historic grounds & South Lawn architectural fabric
4. Public Interest & Balance of Equities
0.71
Preservation of national historic integrity vs. executive facility needs
* Factors 1 & 2 carry primary weight under emergency interlocutory doctrine.
Procedural Docket Flow Stay Index: 71.2%
Statutory Compliance Claims
NHPA § 106 (Historic Preservation)
High Dispute
Claim: Irreversible modification of historic White House fabric. Gov Defense: Section 106 advisory exemption for secure executive grounds.
NEPA (Environmental Review)
Exclusion Claimed
Claim: Lack of environmental impact statement. Gov Defense: Categorical exclusion on federal compound modifications.
Interlocutory Risk Assessment STAY GRANTED
Stay Determination
Emergency Administrative Stay Granted Pending Merits Appeal
Interlocutory Risk Level
High Procedural Vulnerability on Remand
Project Continuation Window
180 Days (Estimated Trial Horizon)
Key Procedural Milestone
Expedited Briefing Schedule at D.C. Circuit prior to Final SCOTUS Merits Certiorari
Legal Mechanism: The stay does not resolve the final merits but freezes the district court's injunction, allowing ground disturbance and framing to proceed while appeals are briefed.