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Did the Supreme Court issue stays of lower court judgments before the modern era? This Essay explores the underappreciated history of the Supreme Court’s issuance of interim relief. As we show, the Supreme Court has relied on a wide variety of statutory and common law authorities to issue stays long before the recent controversies attending the “shadow” or “interim” docket. This history demonstrates that the Court has always had authority to fashion interim relief of some kind. More- over, it supports the conclusion that the Supreme Court’s authority under the All Writs Act exists even when a more specific statutory provision authorizes a stay of proceedings in a lower federal court or a state court.
2026
Public Law & Legal Theory Research
Did the Supreme Court issue stays of lower court judgments before the modern era? This Essay explores the underappreciated history of the Supreme Court’s issuance of interim relief. As we show, the Supreme Court has relied on a wide variety of statutory and common law authorities to issue stays long before the recent controversies attending the “shadow” or “interim” docket. This history demonstrates that the Court has always had authority to fashion interim relief of some kind. More- over, it supports the conclusion that the Supreme Court’s authority under the All Writs Act exists even when a more specific statutory provision authorizes a stay of proceedings in a lower federal court or a state court.
Bamzai, Aditya and Bray, Samuel L., "The Prehistory of the Interim Docket" (2026). Public Law and Legal Theory Working Papers. .
https://chicagounbound.uchicago.edu/public_law_and_legal_theory/992
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