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Reason
Reason
Politics
Josh Blackman

Shadow Docket Delays

On July 24, the Fifth Circuit declined to stay the district court's vacatur of the "Frame or Receiver" rule. Three days later, on July 27, the Solicitor General filed an application for a stay of the district court's ruling. The next day, on July 28, Circuit Justice Alito entered an administrative stay and a briefing schedule:

Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).

The briefing was completed, but no ruling came on August 2 or 3. On August 4, Circuit Justice Alito further extended the administrative stay:

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