Public sympathy isn’t relevant, but the identity of the litigant seeking injunctive relief could be. That’s because the standard for injunctive relief considers the public interest, and a governmental party’s position could be seen as evidence of that interest. Cf. Nken v. Holder, 556 U.S. 418, 420 (2009) (explaining that “[t]he third and fourth factors, harm to the opposing party and the public interest, merge when the Government is the opposing party”).
Public sympathy isn’t relevant, but the identity of the litigant seeking injunctive relief could be. That’s because the standard for injunctive relief considers the public interest, and a governmental party’s position could be seen as evidence of that interest. Cf. Nken v. Holder, 556 U.S. 418, 420 (2009) (explaining that “[t]he third and fourth factors, harm to the opposing party and the public interest, merge when the Government is the opposing party”).