Skip to main content

Emergency application

Mortgage trust dispute

Harriet Nicholson v. Bank of New York Mellon, fka Bank of New York, Trustee for the Certificate Holders of CWMBS, Inc., CWMBS Reforming Loan Remic Trust Certificates Series 005-R2

Denied
No. 26A180Injunction applicationFiled by a private partyPresented to Justice SotomayorFrom United States Court of Appeals for the Second Circuit

What did the Court do?

The Court denied the request on August 12, 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 9 days after filing

What's being asked

Harriet Nicholson asks the Supreme Court for an emergency injunction in her dispute with Bank of New York Mellon. The bank serves as trustee for certificate holders in a named trust. The record does not explain the dispute or describe the Second Circuit order involved.

What the Court did

Justice Sotomayor refused Nicholson’s emergency request and denied (turned down) her injunction application. The docket does not report how the justices voted; this denial does not decide who wins the underlying dispute.

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 273 rulings on applications decided without a response came 8 to 29 days after filing, and the median was 14 days; this one was ruled on 9 days after filing.

What it means

Emergency rulings address short-term requests and do not decide who wins the underlying dispute. The record does not say what continues in the Second Circuit. No related case is listed, and no argument is set.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A180. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 5, 2026