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Decided

National Park Service v. National Trust for Historic Preservation

Application for stay granted on Aug. 31, 2026. Chief Justice Roberts wrote a dissenting opinion, joined by Justices Sotomayor, Kagan, and Jackson.

Docket No.26A203
Op. BelowD.C. Cir.
Vote5-4
FiledAug 13, 2026

Judgment

Application for stay granted, 5-4 on Aug 31, 2026. Chief Justice Roberts wrote a dissenting opinion, joined by Justices Sotomayor, Kagan, and Jackson.

Vote

5
4
ThomasAlitoGorsuchKavanaughBarrett
RobertsSotomayorKaganJackson

Proceedings & orders timeline

Aug 13, 2026
Application (26A203) for a stay, submitted to The Chief Justice.
Aug 14, 2026
Response to application (26A203) requested by The Chief Justice, due by 12 p.m. (EDT) on August 18, 2026.
Aug 16, 2026
Brief amicus curiae of Corey J. Biazzo filed.
Aug 18, 2026
Response to application from respondent National Trust for Historic Preservation filed.
Aug 18, 2026
Brief amici curiae of Members of Congress filed.
Aug 18, 2026
Brief amici curiae of Society for the Rule of Law, et al. filed.
Aug 18, 2026
Brief amicus curiae of David Boyle filed.
Aug 18, 2026
Brief amici curiae of Campaign Legal Center, et al. filed.
Aug 18, 2026
Brief amici curiae of Indiana, et al. filed.
Aug 19, 2026
Reply of applicants National Park Service, et al. filed.
Aug 21, 2026
Order entered by The Chief Justice: Upon consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the preliminary injunction entered on April 16, 2026, by the United States District Court for the District of Columbia, case No. 1:25-cv-4316, is hereby stayed pending further order of The Chief Justice or of the Court.
Aug 25, 2026
Brief amicus curiae of Becket Fund for Religious Liberty filed.
Aug 31, 2026
Application (26A203) referred to the Court.
Aug 31, 2026
Application (26A203) granted by the Court. The application for stay presented to The Chief Justice and by him referred to the Court is granted. The injunction entered by the United States District Court for the District of Columbia in case No. 1:25-cv-04316 is stayed pending the filing and disposition of the government's petition for a writ of certiorari, 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 judgement of this Court. Opinion per curiam. (Detached Opinion ) The Chief Justice, with whom Justice Sotomayor, Justice Kagan and Justice Jackson join, dissent. (Detached Opinion ).

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