Cite as: 585 U. S. ____ (2018)
13
Opinion of the Court
an interlocutory injunction is improperly granted or denied, much harm can occur before the final decision in the
district court. Lawful and important conduct may be
barred, and unlawful and harmful conduct may be allowed
to continue. Recognizing this, Congress authorized interlocutory appellate review of such orders. But if the availability of interlocutory review depended on the district
court’s use of the term “injunction” or some other particular language, Congress’s scheme could be frustrated. The
harms that Congress wanted to avoid could occur so long
as the district court was careful about its terminology.
The “practical effect” inquiry prevents such manipulation.
In analogous contexts, we have not allowed district
courts to “shield [their] orders from appellate review” by
avoiding the label “injunction.” Sampson v. Murray, 415
U. S. 61, 87 (1974). For instance, in Sampson, we held
that an order labeled a temporary restraining order
(which is not appealable under §1292(a)(1)) should be
treated as a “preliminary injunction” (which is appealable)
since the order had the same practical effect as a preliminary injunction. Id., at 86–88.
Appellees and the dissent contend that the “practical
effect” approach should be confined to §1292(a)(1), but we
see no good reason why it should not apply to §1253 as
well. Appellees note that we “narrowly constru[e]” §1253,
Goldstein v. Cox, 396 U. S. 471, 478 (1970), but we also
construe §1292(a)(1) “narrowly,” Carson, supra, at 84. In
addition, the relevant language in the two provisions is
nearly identical;10 both provisions serve the same purpose;
and we have previously called them “analogous.” Goldstein, supra, at 475.
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10 In relevant part, §1253 applies to “an order granting . . . an inter-
locutory . . . injunction.” Section 1292(a)(1) applies to “[i]nterlocutory
orders . . . granting . . . injunctions.” Although the similarity is obvious,
the dissent perceives some unspecified substantive difference.