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Emergency application

Phillip Callais v. Louisiana

Granted
No. 25A1197Emergency applicationFiled by a private partyPresented to Justice AlitoFrom United States District Court for the Western District of Louisiana

What did the Court do?

The Court granted the request on May 4, 2026.

Emergency rulings are temporary and do not decide the underlying case. Justice Jackson would have ruled the other way.

Filed Ruled 5 days after filing

What's being asked

A private party asks the Supreme Court for emergency relief. The case is Phillip Callais v. Louisiana.

What the Court did

To permit the losing party time to file a petition for rehearing, the Clerk of Court ordinarily waits 32 days after the entry of the Court’s judgment to send the opinion and a certified copy of the judgment to the clerk of the lower court. Sup. Ct. Rule 45.3. This period is subject to adjustment; the default applies “unless the Court or a Justice shortens or extends the time.” <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a1197_h31i.pdf'>Ibid.</i> The Callais appellees have asked for the Clerk to issue the judgment forthwith so that “in the event of a judicial remedy,” the District Court may “oversee an orderly process.” App. 3. Appellant Louisiana does not oppose this application. And while the Robinson appellants oppose it, they have not expressed any intent to ask this Court to reconsider its judgment. Thus, the application to issue the judgment forthwith presented to Justice Alito and by him referred to the Court is granted. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf'>Opinion</a>) Justice Jackson dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a1197_h31i.pdf#page=4'>Opinion</a>)

Concurring · 3agreed with the result, wrote separately
  1. Thomasjoined Alito's writing
  2. Alitowrote a concurrence
  3. Gorsuchjoined Alito's writing
Dissenting · 1recorded against the Court's order
  1. Jackson
Vote not published · 5the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Kavanaugh
  5. Barrett
The order records the positions of 4 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 12 rulings on applications where the Court asked for a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 5 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States District Court for the Western District of Louisiana.

Separate writings

  • Justice Alito, joined by Justice Thomas and Justice Gorsuch, concurring

  • A, dissenting

    Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A1197. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 24, 2026