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Supreme Court Case TrackerThe Court, in plain English

Emergency application

Affordable housing mandates

Borough of Montvale, New Jersey v. Jennifer Davenport, Acting Attorney General of New Jersey

Denied
No. 25A898Injunction applicationFiled by a state or local governmentPresented to Justice AlitoFrom United States Court of Appeals for the Third Circuit

What did the Court do?

The Court denied the request on February 24, 2026, so nothing changes while the case continues in the lower courts.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 17 days after filing

What's being asked

New Jersey municipalities and local officials ask the Supreme Court for an emergency injunction while their appeal proceeds in the Third Circuit. The dispute involves New Jersey's Affordable Housing Dispute Resolution Program, whose officials are among the defendants.

What the Court did

Justice Alito refused the emergency request (denied the application). The Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
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 17 days after filing.

What it means

This ruling addresses only the request for temporary relief, not who wins the underlying dispute. The appeal continues in the Third Circuit; no related Supreme Court merits case exists, and no argument was set.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A898. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026