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Emergency application

Nonprofit donor privacy

Americans for Prosperity Foundation v. Anthony Albence

Denied
No. 26A349Injunction applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Third Circuit

What did the Court do?

The Court denied the request on October 1, 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 21 days after filing

What's being asked

Americans for Prosperity Foundation and other private parties ask the Supreme Court for an emergency injunction (a court order requiring or stopping action). They seek this order while pursuing Supreme Court review. They challenge a Delaware law they say violates the First Amendment (which protects speech and other freedoms). The district court denied their request for a preliminary injunction (an early court order requiring or stopping action). Their application challenges a Third Circuit ruling.

What the Court did

The Court refused the emergency request and denied it (turned it down). The order gives no explanation and does not decide whether the Delaware law violates the First Amendment. The Court did not publish the justices’ votes.

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 82 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 21 days after filing.

What it means

This emergency ruling is temporary and does not decide who wins the underlying case. Both lower-court rulings remain in place, including the Third Circuit’s ruling. The docket lists no related Supreme Court case for a full decision and no argument date for this request.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A349. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked November 3, 2026