By Rick Hasen in the Election Law Blog Sept 6, 2026
This stay application should finally tee this issue up for the Court.
I have explained why the government easily should lose. Let’s see if they do lose.
Update: Justice Jackson has asked for a reply in the new application to be filed by 4 pm September 9.
EARLIER UPDATE: DOJ has now withdrawn from its earlier TRO request, leaving this new request now pending. In its withdrawal, DOJ says: “The United States appealed that injunction the same evening, and it filed a motion the next day in the United States Court of Appeals for the First Circuit to stay the new order pending appeal. Earlier today, in an abundance of caution, the United States filed in this Court a new application for a stay of the renewed preliminary injunction.” The First Circuit has asked for briefs to be filed over the next two days.