Because Plaintiffs fail to establish both a substantial likelihood of standing and irreparable
harm, and because the equities and public interest weigh against emergency relief, Plaintiffs’
Emergency Application for a Temporary Restraining Order or, in the Alternative, an Expedited
Preliminary Injunction, ECF No. 3, is denied.
Does federal law require post-2020 woke ideology at national parks? Yes, per Judge Kelley (Biden D. Mass). She orders it \*illegal\* for National Parks not to share exhibits with her preferred views on the climate, sexuality, and race. I'm skeptical! pic.twitter.com/XnrZphhG8J
The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell. But the Order itself does not harm the States, so the District Court lacked jurisdiction to bar the Government from trying to implement it. And for the reasons discussed, that injunction is likely to irreparably harm the Government if it remains in place while the appellate process runs its course.
Accordingly, the application for stay presented to JUSTICE JACKSON in No. 26A124 and by her referred to the Court is granted. The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The application for stay presented to JUSTICE JACKSON in No. 26A139 and by her referred to the Court is denied as moot.
Sotomayor joined by Kagan dissented (4 pages) and Jackson dissented (23 pages). This sharp divide may indicate some bad blood between Jackson and the other nominal leftists. With a two dissent situation, it might normally be something like Sotomayor wrote a short one-issue dissent in which Kagan and Jackson joined and Jackson wrote a long dissent in which Kagan joined as to parts 1, 4 and 5 and Kagan joined as to parts 1 and 3…
United States Postal Service, et al., Applicants v. California, et al.
Docketed:
September 6, 2026
Lower Ct:
United States Court of Appeals for the First Circuit
Case Numbers:
(26-2029; 26-2031)
Order entered by Justice Jackson: The Solicitor General has withdrawn the stay application filed on September 3, 2026 (26A297) and now seeks a stay of the preliminary injunction entered by the United States District Court for the District of Massachusetts on September 4, 2026. It is hereby ordered that any response to the new application (26A305) be filed by 4 p.m. (EDT) on September 9, 2026.