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Emergency application

Elizabeth Mirabelli v. Rob Bonta, Attorney General of California

Granted
No. 25A810Vacatur applicationFiled by a private partyPresented to Justice KaganFrom United States Court of Appeals for the Ninth Circuit

What did the Court do?

The Court granted the request on March 2, 2026 and wiped out (vacated) the lower-court order it challenged.

Emergency rulings are temporary and do not decide the underlying case. Justice Thomas, Justice Alito, Justice Sotomayor, Justice Kagan, and Justice Jackson would have ruled the other way.

Filed Ruled 418 days after filing

What's being asked

A private party asks the Supreme Court to undo (vacate) a lower-court order from the United States Court of Appeals for the Ninth Circuit. The case is Elizabeth Mirabelli v. Rob Bonta, Attorney General of California.

What the Court did

The Court granted the request on March 2, 2026 and wiped out (vacated) the lower-court order it challenged.

  • Concurred in a separate opinion
  • Dissented
  • Wrote separately
  • Vote not published
Concurring · 3agreed with the result, wrote separately
  1. Robertsjoined Barrett's writing
  2. Kavanaughjoined Barrett's writing
  3. Barrettwrote a concurrence
Dissenting · 5recorded against the Court's order
  1. Thomaswould grant
  2. Alitowould grant
  3. Sotomayorwould deny
  4. Kaganwrote a dissent
  5. Jacksonjoined Kagan's writing
Vote not published · 1the order does not say how they voted
  1. Gorsuch
The order records the positions of 8 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.
Half of 65 rulings on applications where the Court asked for a response came 12 to 27 days after filing, and the median was 17 days; this one was ruled on 418 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 Court of Appeals for the Ninth Circuit.

Separate writings

  • Justice Barrett, joined by Justice Roberts and Justice Kavanaugh, concurring

    Read (PDF)
  • Justice Kagan, joined by Justice Jackson, dissenting

    Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A810. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026