Let’s break it down clearly:
Definition:
An
administrative stay is a short-term procedural order temporarily
pausing the effect of a lower court ruling.
It’s issued
to preserve the status quo while the higher court (or the Justice assigned to that circuit) decides whether to grant a full stay or other relief.
It does not entail an examination of the merits or likelihood of success.
Purpose:
- To prevent the lower court decision from taking effect before the Justice or full Court has time to review the stay application in detail.
- It’s essentially a “time out” — not a ruling on the merits.
Who grants it:
- A single Justice (the “Circuit Justice” responsible for that circuit, e.g., Justice Alito for the 5th Circuit, Justice Kagan for the 9th, etc.) can issue it unilaterally.
- It can also be entered by the Court collectively in rare cases.
Duration:
- Very short — often a few days or until the full Court (or the Circuit Justice) decides on the full stay application.
Legal effect:
- Temporarily freezes the lower court’s order.
- Does not signal how the Justice or Court will rule on the merits of the full stay.
- It’s purely procedural to maintain stability while considering the issue.
Definition:
A
full stay (also called a “stay pending appeal” or “stay pending certiorari”) is a formal Court order suspending the lower court’s decision
throughout the appeal or until further order.
Purpose:
- To prevent the lower court ruling from taking effect while the case is being appealed or while certiorari is being sought.
- It’s issued only if the applicant meets strict standards.
Legal standards (from Nken v. Holder, 556 U.S. 418 (2009)):
- A reasonable probability of success on the merits of the appeal.
- Irreparable harm to the applicant if the stay is denied.
- No substantial injury to other parties.
- The public interest favors the stay.
Who grants it:
- Can be granted by the single Circuit Justice initially, or the full Supreme Court after reviewing the application.
Duration:
- Lasts until the appeal or petition for certiorari is resolved, or until the Court lifts it