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May 6, 2026Journal of Law and Courts0 citations

Merits Positions and Supreme Court Voting on Stays and Injunctions

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GGGreg Goelzhauser

Key Points

  • Explore the connection between Supreme Court voting and justices' preferences regarding stays and injunctions.
  • Analysis of Supreme Court voting patterns on stays and injunctions
  • Examination of the relationship between justices' preferences and procedural context
  • Voting on stays is influenced by justices' expected preferences regarding case merits
  • Increased decision salience and controversy associated with new procedural contexts

Abstract

Abstract This paper presents empirical evidence that Supreme Court voting on stays and injunctions is associated with justices’ expected preferences for resolving the merits. This result is especially pronounced when the merits remain pending before a lower court. Combined with a largely overlooked recent shift in the procedural context in which these applications arise, the latter finding helps explain increased decision salience and controversy. Emphasizing procedural context also sharpens inference about institutional performance, focuses normative proposals to enhance reason giving, and illustrates how undifferentiated conceptual labels such as shadow docket , emergency docket , and interim docket obscure important variation.

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Cite This Study

Greg Goelzhauser (2026) studied this question.

synapsesocial.com/papers/69faa25e04f884e66b532f20https://doi.org/10.1017/jlc.2026.10025
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