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Supreme Court Case TrackerThe Court, in plain English

Glossary

Injunction pending appeal

Definition

An injunction pending appeal is an emergency order that blocks a law or action while an appeal goes on, usually after the lower courts refused to block it.

Why it matters

Unlike a request to pause a court's order, it asks the Supreme Court to step in first and block something no lower court has blocked.

In practice

The Court grants these rarely. The side asking must show its legal rights are “indisputably clear,” a higher bar than for pausing a court's order.

Look at what the lower courts did first; this request usually comes after they declined to block the law or action.

Common confusion

It lasts only while the appeal goes on. It does not decide whether the law or action is valid.

Examples

DeniedFederal access to voter rollsUnited States v. CaliforniaThe federal government asks the Supreme Court for an emergency injunction (a court order to do or stop something). It wants that order while its appeal (request for a higher court to review a decision) proceeds in the Ninth Circuit. It also asks for a temporary order while the Supreme Court considers this request. The government says federal law bars noncitizens from voting in federal elections and says some still register and vote. The case names California, its secretary of state, a Los Angeles County election official, and several organizations on the other side.Injunction request26A624DeniedFederal employee appealsMartin Akerman v. Merit Systems Protection BoardMartin Akerman, a private party, asks the Supreme Court for an emergency injunction (a court order requiring or stopping an action). The application and the ruling from the U.S. Court of Appeals for the District of Columbia Circuit are not in the record. So the record does not identify the underlying dispute or specific order at issue.Injunction request26A612Awaiting actionEmergency court orderRaji Rab v. Shirley Weber, Secretary of State of CaliforniaRaji Rab, a private party, asks the Supreme Court for an emergency injunction (a court order requiring action or stopping it). The docket does not identify the dispute or the lower-court order at issue. The case names California Secretary of State Shirley Weber and identifies the Ninth Circuit as the lower court.Injunction request26A545

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