Appellate courts can stay (put on hold) lower-court preliminary injunctions, allowing contested facilities or activities to continue operating while the appeal is decided.
November 19, 2025
high
temporal
A stay of a preliminary injunction preserves the status quo during appellate review.
Courts may consider how far a public statement occurs in time from a scheduled trial when assessing whether the statement could prejudice potential jurors and affect a defendant's right to a fair trial.
October 08, 2025
high
procedural
Temporal proximity of publicity is a factor in evaluating potential jury prejudice.
The U.S. Supreme Court customarily does not provide public explanations when it declines to take up a case.
October 06, 2025
high
procedural
Describes customary practice of the U.S. Supreme Court when denying review of cases.
Federal Rule of Appellate Procedure 40(c) permits an en banc rehearing of a federal appeals court case when a majority of the active, nonrecused judges vote to rehear the case.
October 06, 2025
high
legal
Rule governing when a federal appellate case may be reheard by the full (or limited en banc) court.
The U.S. Court of Appeals for the Ninth Circuit conducts en banc rehearings using a randomly selected panel of 11 active judges rather than the full court.
October 06, 2025
high
procedural
Practice specific to the Ninth Circuit due to the circuit's large number of judges.