Horseracing Integrity and Safety Authority, Inc. v. National Horsemen’s Benevolent and Protective Assn.

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1 Cite as: 604 U. S. ____ (2024)
J
ACKSON, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 24A287
HORSERACING INTEGRITY AND SAFETY
AUTHORITY, INCORPORATED,
ET AL. v.
NATIONAL HORSEMEN’S BENEVOLENT
AND PROTECTIVE ASSOCIATION,
ET AL.
ON APPLICATION FOR STAY
[October 28, 2024]
The application for stay of the mandate presented to
J
USTICE ALITO and by him referred to the Court is granted.
The mandate of the United States Court of Appeals for the
Fifth Circuit, case No. 23–10520, is stayed pending the dis-
position of the petition for a writ of certiorari, case No. 24–
433. Should the petition for a writ of certiorari be denied,
this stay shall terminate automatically. In the event the
petition for a writ of certiorari is granted, the stay shall ter-
minate upon the issuance of the judgment of this Court.
J
USTICE JACKSON, dissenting from the grant of stay.
Applicants ask this Court to stay the Fifth Circuit’s man-
date, thereby preventing the entry of a future injunction by the
District Court. In my view, their application fails to demon-
strate any exigency that would warrant such emergency relief.
See Labrador v. Poe, 601 U. S. ___, ___ (2024) (J
ACKSON, J.,
dissenting from grant of stay) (slip op., at 1). Indeed, appli-
cants have also filed an unopposed petition for certiorari in this
Court, and it is reasonably likely that the lower courts would
not do anything to change the status quo if this Court granted
the petition. Thus, whatever the stay factors might portend, I
see no reason for us to intervene in an emergency posture. I
would therefore deny the application and promptly proceed to
consider the pending petition for certiorari.