What Happened?
When someone sues the federal government, a judge can freeze or rewrite a policy before the case ever reaches a final verdict. The Congressional Research Service (CRS) published a report on Oct. 6 that explains how civil suits against the federal government move through the courts and how lawmakers can weigh rulings at each stage.
Interim court orders, such as preliminary injunctions, are meant to be temporary but can carry the most immediate practical weight in a case, sometimes effectively settling the dispute before a final decision is issued. In some cases challenging a federal agency action, the CRS reports that courts review only the agency's administrative record and conduct no discovery, the process of exchanging evidence between the parties.
Why Does it Matter to Me?
Federal policies on health care, immigration, student loans, and the environment can be put on hold by a court order while a lawsuit is still in progress.
The CRS report found that in the year ending June 2026, civil cases in district courts had a median of 33.7 months from filing to trial, and more than 26 percent had been pending for over three years. A policy you rely on could be blocked or altered for years while a case winds through the system.
Because federal policies often affect broad geographic areas, plaintiffs may be able to choose from among multiple eligible districts, a practice sometimes called forum shopping.
Both Sides, Now
Federal courts can block or reshape government policy long before a case ends, using temporary orders called preliminary injunctions.
Opponents contend that interim rulings can reshape major programs before any final verdict. In June 2024, a federal court blocked parts of the SAVE student-loan repayment plan, and the U.S. Department of Education placed affected borrowers' loans in forbearance as a result.
The Supreme Court addressed a related concern in *Trump v. CASA, Inc.* in June 2025, describing lower-court orders that barred President Trump's officials from applying an executive order on birthright citizenship beyond the individual plaintiffs while challenges proceeded.
What Happens Next?
In civil cases where the U.S. is a party, appeals must be filed within 60 days, and the CRS reports a median of just over ten months from notice of appeal to decision between June 2025 and June 2026. At the Supreme Court, a party has 90 days to file a petition for certiorari, and four of the nine justices must agree to take the case. The Court receives roughly 7,000 to 8,000 such petitions each year and accepts 50 to 80.
Congress can respond to court rulings by passing new legislation or adjusting agency authority, but no specific bill addressing these procedural issues is currently scheduled for a vote. Will Congress act to clarify the rules around interim court orders before another major federal policy is frozen mid-case?
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