I guess I don't quite understand the idea that not every application is an emergency of some kind. The whole reason/argument for filing one is that you will face irreparable harm if a lower court ruling goes into effect, and the clock is ticking on that if SCOTUS doesn't immediately intervene.
That the court doesn't always act immediately doesn't mean it's not an emergency from the applicant's perspective, just that the court doesn't think it is and/or is probably going to deny the application.
Yeah, I think the National Guard case cited as support for "interim" over "emergency" is particularly inapt where the SG sought an "immediate administrative stay to prevent ongoing and intolerable risks to the lives and safety of federal personnel while this Court considers this application."
Dec 11, 2025 16:16
