“ Where, as here, an applicant seeks an injunction rather than a stay, the applicant faces an even greater burden. “Unlike a stay, which temporarily suspends judicial alteration of the status quo, an injunction grants judicial intervention that has been withheld by the lower courts.” ”

“ On April 25, 2007, applicant filed the instant emergency application for an original writ of injunction.
Argument As a general matter, when an applicant seeks a stay of a court of appeals’ judgment pending the filing of a petition for a writ of certiorari, the applicant has the substantial burden of demonstrating (1) “a reasonable probability that certiorari will be granted,” (2) “a significant possibility that the judgment below will be reversed,” and (3) “a likelihood of irreparable harm (assuming the correctness of the applicant’s position) if the judgment is not stayed.” ”

“ Fed. Communications Comm’n, 507 U.S. 1301, 1301 (1993) (Rehnquist, C.J., in chambers) (internal quotation marks omitted) . For that reason, it is “clear that such power should be used sparingly and only in the most critical and exigent circumstances.” ”