Antonyuk v. Nigrelli

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1 Cite as: 598 U. S. ____ (2023)
Statement of A
LITO, J.
SUPREME COURT OF THE UNITED STATES
No. 22A557
IVAN ANTONYUK, ET AL. v. STEVEN NIGRELLI, IN HIS
OFFICIAL CAPACITY AS ACTING SUPERINTENDENT OF
NEW YORK STATE POLICE,
ET AL.
ON APPLICATION TO VACATE STAY
[January 11, 2023]
The application to vacate stay presented to JUSTICE
SOTOMAYOR and by her referred to the Court is denied.
Statement of J
USTICE ALITO, with whom JUSTICE
THOMAS joins, respecting the denial of the application to
vacate stay.
The New York law at issue in this application presents
novel and serious questions under both the First and the
Second Amendments. The District Court found, in a thor-
ough opinion, that the applicants were likely to succeed on
a number of their claims, and it issued a preliminary in-
junction as to twelve provisions of the challenged law. With
one exception, the Second Circuit issued a stay of the in-
junction in full, and in doing so did not provide any expla-
nation for its ruling. App. to Emergency Application 2. In
parallel cases presenting related issues, the Second Circuit
has likewise issued unreasoned summary stay orders, but
in those cases it has ordered expedited briefing. See, e.g.,
Order in Hardaway v. Nigrelli, No. 22–2933 (CA2, Dec. 7,
2022), ECF Doc. 53; Order in Christian v. Nigrelli, No. 22–
2987 (CA2, Dec. 12, 2022), ECF Doc. 40.
I understand the Court’s denial today to reflect respect
for the Second Circuit’s procedures in managing its own
docket, rather than expressing any view on the merits of

2 ANTONYUK v. NIGRELLI
Statement of A
LITO, J.
the case. Applicants should not be deterred by today’s order
from again seeking relief if the Second Circuit does not,
within a reasonable time, provide an explanation for its
stay order or expedite consideration of the appeal.