The court issued the order on April 17, 2026, in case number 26-5123. The stay is intended to give the appellate court sufficient opportunity to consider the emergency motion for a stay pending appeal.
The order states that the administrative stay "should not be construed in any way as a ruling on the merits of that motion." The decision cites the D.C. Circuit Handbook of Practice and Internal Procedures 33 (2025).
The court further ordered that consideration of the stay motion be consolidated with consideration of the merits of this appeal. On the court's own motion, the court expedited the appeal.
The briefing schedule requires the Appellants to file their brief and joint appendix by May 8, 2026. The Appellee's brief is due May 27, 2026, with a reply brief from the Appellants due June 1, 2026.
The case is scheduled for oral argument before the panel of Judges Millett, Rao, and Garcia on June 5, 2026, at 9:30 a.m. The parties must hand deliver paper copies of their briefs to the Clerk's office by 4:00 p.m. on the respective due dates.
The court directed that appellants raise all issues and arguments in the opening brief, noting it ordinarily will not consider issues and arguments raised for the first time in the reply brief. Parties are urged to limit the use of abbreviations, including acronyms. All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover.