Department of Education v. California sends a clear signal to the lower courts: review TROs that function as preliminary injunctions. If there is any reason that Justice Barrett decided to change her position, this might be it.
The majority opinion offers this new standard:
Although the Courts of Appeals generally lack appellate jurisdiction over appeals from TROs, several factors counsel in favor of construing the District Court's order as an appealable preliminary injunction. Among other considerations, the District Court's order carries many of the hallmarks of a preliminary injunction. See Sampson v. Murray, 415 U. S. 61, 87 (1974); Abbott v. Perez, 585 U. S. 579, 594 (2018).
