How can a court pause a law?

Question

It often happens in the United States that a federal court decides to pause a law before it can go into effect. Of course, courts can do this, but how does this actually work? What "thing" does the court do to pause a law?

Answer 1

When a federal court "pauses" the effect of a statute, it is through a preliminary injunction directed at the government — ordering it to not give any effect to the impugned statute. In recent times, these have become "injunctions that prohibit the enforcement of a federal statute, regulation, or order not only against the plaintiff, but also against anyone" (Samuel L. Bray, "Multiple Chancellors: Reforming the National Injunction" (2017) 131:2 Harv. L. Rev 417).

The government is "enjoined by a court from effectuating statutes enacted by representatives of its people" (Labrador v. Poe, 144 S. Ct. 921 (2024); Gorsuch J., concurring in a grant of a stay, describing such injunctions).

See also:

• Samuel L. Bray, "The Purpose of the Preliminary Injunction" (forthcoming 2025) 78 Vand. L. Rev.

Answer 2

To "pause" a law, the court issues an order called an injunction, ordering the executive branch to refrain from enforcing the law or from complying with some other requirement of the law.

How is it assured that the law will be "ignored" by all people?

It's not ensured, but people who violate an injunction risk being found in contempt of court.

Answer 3

U.S. Supreme Court Justice Kavanaugh wrote the following in his concurring opinion in Labrador v. Poe (in the context of emergency applications for a stay of an injunction):

Here is how the issue typically arises. After a new federal statute, federal regulation, or state law has been enacted, an adversely affected party who contends that the new law violates the Constitution or federal law may seek a preenforcement preliminary injunction in federal district court. A preliminary injunction prevents the government from enforcing its new law pending the eventual decision on the merits.