Trump v. California · ¶9

To secure a stay pending appeal, the Government must show that it is likely to succeed on the merits and that it is likely to suffer irreparable harm without a stay. See Trump v. Cook, 609 U. S. ＿＿＿, ＿＿＿ (2026) (slip op., at 8). It must also demonstrate that the balance of equities does not counsel against relief. See ibid. Of these factors, the likelihood of success on the merits and the likelihood of irreparable harm “are the most critical.” Nken v. Holder, 556 U. S. 418, 434 (2009).

slip opinion
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