The Volokh Conspiracy

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Coming Soon To The Shadow Docket? Immigrants Remain in Mexico, But Tenants Vacate Your Apartment (Updated)

Two emergency applications filed on Friday afternoon. Which ones will be granted?


Today, two emergency applications were filed with the Supreme Court. First, a group of landlords asked Circuit Justice Roberts to enter a temporary administrative stay of the eviction moratorium. He declined, but set a super-fast briefing schedule. The reply is due on Monday.

Second, the Acting Solicitor General asked Circuit Justice Alito to enter temporary administrative stay of the District Court's injunction against the "Remain in Mexico" policy. As of 11:00 pm ET, Justice Alito has not taken any action–calling for a response or entering an administrative stay. The injunction will take effect at 12:01 am on Saturday–in about an hour.

One week from now, we may get a divided shadow docket ruling. Immigrants do not need to remain in Mexico, but tenants must vacate their apartments. Or, we get a unified shadow docket ruling. Immigrants must remain in Mexico, and tenants must vacate their apartments. Or, the Court squishes on both cases, and stays the Mexico injunction, but leaves the eviction moratorium in place.

We should know soon enough.

Update: Around 11:30 p.m., Justice Alito granted an administrative stay until Tuesday, August 24 "so that the full Court can consider the application." The response is due on Tuesday at 5:00 p.m. The Court will not have much time to consider that response.