U.S. Courts of Appeals

U.S. Courts of Appeals can temporarily suspend (stay) orders issued by lower federal courts while an appeal is pending.

U.S. federal courts of appeals have the procedural authority to stay or pause lower-court orders and to reconsider decisions issued by three-judge panels.

U.S. Courts of Appeals can issue emergency rulings or stays that suspend or modify district court orders and thereby affect whether state National Guard units remain under federal control pending appeal.

U.S. Courts of Appeals can review district court orders and issue rulings that stay, vacate, or modify those orders, including rulings that allow the federal government to retain control of National Guard troops while litigation continues.

Appellate courts have the authority to stay lower-court orders or pause ongoing proceedings pending the outcome of an appeal.

U.S. Courts of Appeals can uphold or reverse district courts' temporary restraining orders that block or allow National Guard deployments.

U.S. Courts of Appeals can hear challenges to lower federal district court orders that grant release from immigration detention and may consider government appeals seeking to overturn those orders.

U.S. Courts of Appeals can stay, vacate, or reverse district court orders and thereby allow the federal government to retain control over National Guard troops during the pendency of appeals.

U.S. federal courts, including U.S. Courts of Appeals, have authority to review and issue injunctions that can block or permit federal deployments of National Guard members within a state.

U.S. Courts of Appeals, including the U.S. Ninth Circuit Court of Appeals, can schedule and hear appeals in cases where lower courts have blocked federal deployments of National Guard troops.

U.S. Courts of Appeals can refuse requests to put a district court's order on hold (deny a stay), thereby leaving the lower court's order in effect pending further review.

U.S. Courts of Appeals can grant en banc review, a procedure in which the full appellate court bench votes on whether to rehear a case.

U.S. district courts can issue temporary restraining orders that halt federal deployments of National Guard members.

Federal courts can issue injunctions that block enforcement of state laws, and U.S. Courts of Appeals can review and uphold or reverse those injunctions.

An en banc review in the U.S. Courts of Appeals is a procedure in which all the judges of the court hear and consider a case.

U.S. Courts of Appeals, including the 11th U.S. Circuit Court of Appeals, commonly decide appeals using three-judge panels.

U.S. appellate and Supreme Court precedent holds that pretrial publicity, even when intense, does not automatically constitute a constitutional defect requiring dismissal of criminal charges.