Stays Stay Staid

Lest one think the law of adminstrative stays had become more settled with time, MCR Oil Tools, LLC v. U.S. Dep’t of Transp. reminds otherwise. The manufacturer of a torch used in oil drilling challenged a new safety regulation on its product. The three judges on the panel reacted in different ways:

• The majority opinion defers the motion for stay to the next available argument panel;
• A dissent emphasized the need for immediate action, given the regulation’s effect on significant outstanding orders;
• A concurrence analogized the case to a recent challenge to the Texas ban on drag shows.

No. 24-60230 (May 23, 2024).