🚨President Biden’s district judge nominee Sara Hill was unable to explain to @SenJohnKennedy the difference between a “stay order” and an “injunction.”

How can an individual who wants to be a federal judge possibly not know this?

Senator Durbin even congratulated Hill… pic.twitter.com/6oJAKqhN3I

— Carrie Severino (@JCNSeverino) November 15, 2023

The latter.

For us non-lawyers, what's the difference?

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

Kenneth_2003 said:

---

I'm guessing she's gay? Seems awful white for Bidens track record.

Or just a run of the mill moron?

---

"Biden judicial nominee Sara Hill "made history" by being the first Native American woman nominated to serve as a federal judge in Oklahoma"

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

So if you asked her that same question in an interview and she answered that way, what would you do?

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

I find this interesting as I had never given this much thought, and since I'm not a lawyer it's never been relevant.
I have always heard of a "stay of execution" where the governor can spare someone from the death penalty.
And I know an injunction is something a judge can issue to stop the enactment of some executive order so that the legality can be determined.

I could probably have BS'd my way through an answer.

Kenneth_2003 said:

---

I'm guessing she's gay? Seems awful white for Bidens track record.

Or just a run of the mill moron?

---

He went out of his way to nominate a Native American for a judgeship in Oklahoma. You decide.

There is a block of Supreme Court justices whose position is a stay is a type of injunction, and there are Supreme Court cases with the justices all arguing whether something is a stay or an injunction, so I'm not sure it's entirely fair to suggest they're entirely different things or act like the difference is always clear

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

An injunction is an Order that a party do (or not do) a specific action or class of actions. It can take place at any stage of proceedings in the trial court. For instance, a temporary restraining order is a form of injunction (issued early in a case and ex parte), as are a preliminary injunction (issued after notice and hearing) and a permanent injunction (issued after final trial).

A stay order comes in two basic forms. One suspends enforcement of a judicial order, pending further order of the Court or of a later appellate court (e.g. enforcement suspended for 30 days in order to give party time to appeal or mandamus). The other stays ALL proceedings in a pending case, usually for a length of time contingent upon something outside the case.

Andrew99 said:

---

I have always heard of a "stay of execution" where the governor can spare someone from the death penalty.

And I know an injunction is something a judge can issue to stop the enactment of some executive order so that the legality can be determined.

I could probably have BS'd my way through an answer.

---

When a prisoner is to be executed, there is a court order for that to occur. The "stay" from the governor is not a judicial stay order, but it DOES suspend the enforcement of that order (for execution) pending further action.

Sounds like just the type of person Liberals would want presiding over important judicial matters

Thx to Hawg & Antoninus for the explanation.

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Injunctions can be granted pending appeal. I.e. an appellate court can enjoin a party from taking X action pending the outcome of an appeal.

I think the difference is more about what it does, rather than when it is issued. A stay generally stops a case in its tracks while an injunction, in general legal parlance, prevents or requires a certain action by a party.

She was on track with the right answer. Its unfortunate for her that she stopped herself. She issued a stay unto herself, one might say.

Antoninus said:

---

Andrew99 said:

---

I have always heard of a "stay of execution" where the governor can spare someone from the death penalty.

And I know an injunction is something a judge can issue to stop the enactment of some executive order so that the legality can be determined.

I could probably have BS'd my way through an answer.

---

When a prisoner is to be executed, there is a court order for that to occur. The "stay" from the governor is not a judicial stay order, but it DOES suspend the enforcement of that order (for execution) pending further action.

---

I think he's referring a stay of execution by a court. Like, when SCOTUS stays an execution pending an appeal. (Like earlier this year in Oklahoma

It pauses everything in its tracks, including the "judgment" (in this case, the death penalty), until they decide the merits of the appeal.

93MarineHorn said:

---

Thx to Hawg & Antoninus for the explanation.

---

You probably are familiar enough with my posting on trial threads that procedures in court are very high on my priority list. Justice is an ephemeral concept but the way our judicial system is set up, procedural and substantive due process are afforded by those rules and procedures. They are a cornerstone for the conduct of a fair trial. (Again when it comes to a criminal trial, the state has no right to a fair trial, the defendant(s) do.)

Senator Kennedy was not asking her what a specific rule of evidence or procedure says, he asked about a general nomenclature that refers to a part of the process. Very vanilla question for her to be unable to answer.

aggiehawg said:

---

You probably are familiar enough with my posting on trial threads that procedures in court are very high on my priority list. Justice is an ephemeral concept but the way our judicial system is set up, procedural and substantive due process are afforded by those rules and procedures. They are a cornerstone for the conduct of a fair trial. (Again when it comes to a criminal trial, the state has no right to a fair trial, the defendant(s) do.)

---

Well said.

There is an annoying little gadfly over on TigerDroppings who is always complaining when I try to explain the REASONS for some procedural ruling that has him all up in arms. "Form over Substance!!!!"

I may borrow your exact language the next time he starts shrieking about my explaining a ruling that he did not like.

Reminds me of this:

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

Antoninus said:

---

aggiehawg said:

---

You probably are familiar enough with my posting on trial threads that procedures in court are very high on my priority list. Justice is an ephemeral concept but the way our judicial system is set up, procedural and substantive due process are afforded by those rules and procedures. They are a cornerstone for the conduct of a fair trial. (Again when it comes to a criminal trial, the state has no right to a fair trial, the defendant(s) do.)

---

Well said.

There is an annoying little gadfly over on TigerDroppings who is always complaining when I try to explain the REASONS for some procedural ruling that has them all up in arms. "Form over Substance!!!!"

I may borrow your exact language the next time he starts shrieking about my explaining a ruling that he did not like.

---

LOL. Yes, sometimes the rules do produce a result that seems to be counter-intuitive but that doesn't make it wrong. Unfortunate, is a better word for those situations.

I have found that questions on the application of Rules 403 and 404 of Evidence cause the most consternation for IANAL types. Character or bad acts evidence is really relevant to them but under the law, not admissible regularly. (Yes, I know there are exceptions when it is but trying not to get too deep in the weeds on an ancillary subject.)

TheAngelFlight said:

---

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

---

You want a hornbook answer to a layperson's general question? You must suck at client relations.

TheAngelFlight said:

---

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

---

Meh. The answer wasn't an all-encompassing legal brief, but it was a decent back-of-the-napkin explanation for a layperson. Mine was more detailed, but probably more confusing for a layperson, too.

aggiehawg said:

---

TheAngelFlight said:

---

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

---

You want a hornbook answer to a layperson's general question? You must suck at client relations.

---

I think the correct layperson answer would be an injunction requires a person/party to do or not do something while a stay suspends a legal proceeding. A party can be enjoined while they litigate something, while a stay stops the proceedings altogether.

Its not really the timing that differentiates them. Its the result. Your description of an injunction is perfect for a preliminary injunction, but not how I'd describe an injunction generally.

TXAggie2011 said:

---

aggiehawg said:

---

TheAngelFlight said:

---

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

---

You want a hornbook answer to a layperson's general question? You must suck at client relations.

---

I think the correct layperson answer would be an injunction requires a person/party to do or not do something while a stay suspends a legal proceeding.

Its not really the timing that differentiates them. Its the result. Your description of an injunction is perfect for a preliminary injunction but there are many other common injunctions issue.

---

In general, yes. I would rephrase "suspends, in whole or in part, a legal proceeding," if you want to keep getting overly technical about it and argue with me just to be persnickety. LOL. Knock yourself out.

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

An order given during pretrial or trial may be stayed if there is an interlocutory appeal option. I've had several interlocutory appeals but never a specific order that needed to be stayed -- other than the final judgment itself.

aggiehawg said:

---

TXAggie2011 said:

---

aggiehawg said:

---

TheAngelFlight said:

---

LoudestWHOOP! said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

Maybe you should be a Federal Judge!

---

She's not really correct, though. Which, granted, perhaps makes her a great candidate for a judgeship right now

---

You want a hornbook answer to a layperson's general question? You must suck at client relations.

---

I think the correct layperson answer would be an injunction requires a person/party to do or not do something while a stay suspends a legal proceeding.

Its not really the timing that differentiates them. Its the result. Your description of an injunction is perfect for a preliminary injunction but there are many other common injunctions issue.

---

In general, yes. I would rephrase "suspends, in whole or in part, a legal proceeding," if you want to keep getting overly technical about it and argue with me just to be persnickety. LOL. Knock yourself out.

---

If I wanted to be persnickety, I'd ask if you pronounce the "s" in persnickety.

91AggieLawyer said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

An order given during pretrial or trial may be stayed if there is an interlocutory appeal option. I've had several interlocutory appeals but never a specific order that needed to be stayed -- other than the final judgment itself.

---

D'uh. I never said they were not.

Does the nominee know what a woman is?

Im Gipper said:

---

Does the nominee know what a woman is?

---

Hasn't been asked yet, stay tuned.

aggiehawg said:

---

91AggieLawyer said:

---

aggiehawg said:

---

93MarineHorn said:

---

For us non-lawyers, what's the difference?

---

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal.

ETA: Stay orders are different within a bankruptcy setting, though.

---

An order given during pretrial or trial may be stayed if there is an interlocutory appeal option. I've had several interlocutory appeals but never a specific order that needed to be stayed -- other than the final judgment itself.

---

D'uh. I never said they were not.

---

Clarifying for non-lawyers; not correcting you.