Justice Kavanaugh also noted the majority of circuit courts require lower court proceedings to be halted during such an appeal.
He was joined by Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Amy Coney Barrett and Neil M. Gorsuch.Justice Ketanji Brown Jackson wrote a dissent arguing that lower courts have discretion whether or not to halt the proceedings during the appeal process — and that should be decided case by case.
“This discretionary decisionmaking promotes procedural fairness because it allows for a balancing of all relevant interests,” Justice Jackson wrote.Justice Thomas joined the dissent, in part, with respect to her argument that the majority is imposing a mandatory rule when courts have historically used discretion in deciding whether to stay proceedings.
A lawyer for Abraham Bielski, a crypto user who had sued, argued that Congress was explicit in other statutes when it required proceedings to be halted, suggesting it was not mandatory here.
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