Thank you Justice Sotomayor!!

[Jim Lane]

9. Not exactly -- it's allocated geographically.

You're right that this isn't a full appeal, on which all the Justices will vote. Sometimes a litigant contends that there will be irreparable harm while the judicial process goes forward (in this case, while an appeal is being briefed and argued). A litigant in that situation may seek a preliminary injunction, to freeze the status quo until the case is resolved.

On the Supreme Court, such an application goes initially to the Justice who's assigned to hear emergency applications from that particular part of the country. That's how Sotomayor got this one.

There's also a procedure by which the full Court can take up the matter of the preliminary injunction and possibly reach a decision that's different from that of the single Justice who initially heard it. I forget the details because it's very, very rare.

The underlying case is still working its way through the court system. Apparently the circuit court of appeals (one level below the Supreme Court) hasn't even issued its final decision yet. It's likely that the challenged requirement will go into effect next week but that, at some point thereafter, the appeal will be heard by the full Court, which could well overturn the law. It's not at all uncommon for a litigant to be denied a preliminary injunction but then ultimately prevail on the merits.