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249. The Language of Supreme Court Stays

Steve Vladeck · 14 Sept 2026

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  1. But despite variations in their text, they all basically mean the same thing: the ruling at issue is frozen (i.e., it cannot be enforced) until and unless the U.S. Supreme Court acts conclusively on the full appeal-no matter what happens in the lower courts in the interim.
  2. I'm not sure how many times I need to say it before people believe I mean it, but it's always a problem when the Court doesn't explain these rulings, even (if not especially) in the rare but non-zero instances in which I think that there are good explanations for them.
  3. My own view is that the briefing has made it even more abundantly clear why that application should be denied-and that some pretty ugly things could result if it's granted.

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