Margolin v. National Association of Immigration Judges was not a typical emergency docket application. This was not a case where a district court judge entered a universal vacatur or ordered the executive branch to do something. Rather, the posture was a bit more mundane.
Here, the Fourth Circuit remanded a case, and instructed the district court to make "a factual record" about the Civil Service Reform Act. The executive branch objected to intrusive discovery.
To mitigate those destabilizing effects, the Solicitor General commits to filing a petition for a writ of certiorari seeking summary reversal in the coming weeks, and well in advance of the February 18, 2026 deadline. But to protect this Court's jurisdiction from being overtaken by events in district court, the Court should stay the court of appeals' mandate pending the filing and disposition of that petition and grant an administrative stay before the mandate issues. Only this Court can halt the ongoing and rapidly spreading uncertainty for countless cases.
