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O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft
Citations: 389 F.3d 973; 2004 U.S. App. LEXIS 23781; 2004 WL 2569531Docket: No. 02-2323
Court: Court of Appeals for the Tenth Circuit; November 11, 2004; Federal Appellate Court
The en banc court reviews the panel opinion in O Centro Espirita Beneficiente Uniao Do Vegetal v. Ashcroft, which upheld a preliminary injunction under the Religious Freedom Restoration Act (RFRA) against the U.S. government's enforcement of the Controlled Substances Act (CSA) and the United Nations Convention on Psychotropic Substances to restrict the use of hoasca by the Uniao do Vegetal (UDV) for sacramental purposes. The court has granted rehearing to clarify the standards for granting preliminary injunctions, particularly those that are historically disfavored: altering the status quo, mandatory injunctions, and those that provide complete relief pre-trial. The majority affirms that such injunctions require a heightened burden of proof, although the term "heavily and compellingly" is replaced with a requirement for closer scrutiny of the case's exigencies. Additionally, movants must demonstrate a strong likelihood of success on the merits and a balance of harms without relying on the modified likelihood-of-success standard. Ultimately, the majority upholds the district court's decision to grant the preliminary injunction, affirming UDV's right to use hoasca, and vacates the temporary stay previously issued during the appeal. Hoasca, a mixture derived from indigenous Brazilian plants, contains dimethyltryptamine (DMT), classified as a Schedule I substance.