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104 Tex. L. Rev. Online 1 (2025)

handle is hein.journals/seealtex104 and id is 1 raw text is: So-Called Administrative Stays in Trump 2.0 Christopher D. Moore* At the dawn of Trump 2.0, a novel form of emergency relief has proliferated: the so-called administrative stay of executive action. District courts have begun issuing this extraordinary form of relief- on their own initiative and without any consideration of the tradi- tional emergency-relieffactors-to halt executive action from the get- go. These so-called administrative stays rest on doubtful legal au- thority. Indeed, they are not even stays at all; they are injunctions. And since they have been issued without consideration of the tradi- tional preliminary-injunction factors, they are almost certainly un- lawful. But true administrative stays (of, say, agency action) may well be coming. These too rest on doubtful legal authority, though, es- pecially outside the unique context of agency adjudication. * Law Clerk, U.S. Court of Appeals for the Fifth Circuit. Thanks to Jack Goldsmith and David Hutchison. Thanks as well to the wonderful stu- dent editors who worked on this Essay. All views expressed here (and any errors) are purely my own. 1

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