Glossary
Stay pending appeal
Supreme Court glossaryAll terms
Definition
A stay pending appeal pauses a lower court's order while the case is appealed, so the order does not take effect while the appeal goes on.
Why it matters
It decides whose rules apply during the appeal: the pause can let a blocked policy take effect, or keep a court's order from being carried out.
In practice
The side asking must show a fair chance the Court would take the case and overturn the ruling, plus harm that could not be undone.
Check exactly what is paused and for how long; the pause often lasts until the Court finishes any review of the case, not just the appeal below.
Common confusion
Granting the pause is not a final ruling that the lower court was wrong, though it can signal how the justices lean.