Does failure to follow administrative procedure give rise to irreparable harm?

In a brief, unsigned decision on Wednesday, the Supreme Court extended the stay of YouTube coverage of the Prop 8 trial, citing the fact that the district court failed to follow the proper procedure when it changed its local rules to allow the broadcast. This decision was a follow-up to Monday’s order temporarily staying the broadcast due to the prospect of irreparable harm to trial participants.

Does this decision open the door for future arguments that any failure to follow administrative procedure produces an irreparable harm to anyone adversely affected? Or are there cases where monetary damages will be sufficient?

This post was written by Jeffrey M. Nye.

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