FCC v. Brown · ¶9

Finally, the FCC will suffer irreparable harm absent a stay. As discussed above, the Fourth Circuit’s mandamus order requires the FCC to issue a final order within just 48 hours of its entry. To comply with the mandamus order, the FCC must triage its ongoing deliberation process and prepare a final order on an extremely expedited timeline. That the mandamus order requires the FCC to abandon its deliberation process is itself an injury that cannot be remedied after the fact. The FCC thus satisfies the stay factors.

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