Glossary
Injunction pending appeal
Supreme Court glossaryAll terms
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
DeniedNew Mexico Forward Party v. Maggie Oliver, New Mexico Secretary of StateInjunction request26A357Awaiting actionAmericans for Prosperity Foundation v. Anthony AlbenceInjunction request26A349DeniedJane Doe, as next friend of C.F. v. James V. McDonald, Commissioner, New York State Department of HealthInjunction request26A239