Suspension of Execution in Administrative Cases: The Situation to Be Preserved Before Judgment

Abstract

This volume asks to what extent loss that even a win on the merits would come too late to prevent can be halted. Filing suit does not automatically stop the disposition from proceeding. Irreparable loss, urgency, and public welfare must be concretely linked to the scope of the stay. The path to relief opens where irreparable loss and urgency are established by prima facie proof and the necessary scope of the stay and the public welfare limitation are satisfied, and closes where urgent irreparable loss is not recognized or where a stay is likely to have a serious effect on public welfare. The six sections address, in turn, the disposition that keeps moving after suit is filed, irreparable loss and urgency, what should be stopped, public welfare as a barring condition, prima facie proof and the effect of a challenge, and the end of the preserved state. The strongest counterargument is as follows. Restricting a stay on grounds of the public interest leaves a party's irreparable loss unaddressed. The comprehensive selection of emergency measures and review for deviation from or abuse of discretion are not addressed in this volume.