Throughout our Policy Unpacked series, our goal is to take topics from the administrative and legal system and make them easier to understand. Legal Terms in the News Explained aims to further this effort by breaking down complex legal jargon from today’s headlines. We have four other parts to this series and infographics that go along with them– and can be found in our Policy Unpacked section on our website.
Below are a few legal terms you may have heard in the news. We will keep writing more in the coming weeks and months– along with current events. So stay tuned and read on!
Legal Terms in the News
For a case to get to federal (or U.S.) court, there is also a process. If you are saying the U.S. did something to you, then you will have a case in federal (or U.S.) court:
What is a court order?
A court order is something the judge tells people to do before, during, or after a case.
What is a temporary restraining order and how long does it last?
A temporary restraining order (TRO) is a short-term court order used to stop something from happening right away.
It’s meant to protect someone until the court can decide on a longer-lasting order (like a preliminary injunction).
Normally, both sides in a case must be told before something happens—but a TRO can be given without a hearing and without telling the other side first.
Because of this, a TRO usually only lasts 10–14 days unless there’s a court hearing.
What is an injunction and how long does it last?
An injunction is a court order that tells someone to start doing something or stop doing something—usually to prevent harm or to make sure they follow the rules. It is like a command from a judge.
There are two main types:
- Preliminary Injunction: This happens before the case is finished. It helps keep things the same while the court figures things out.
- Permanent Injunction: This happens after the case is over. It tells someone to stop or continue doing something for good.
Examples of a TRO and a Preliminary Injunction:
- Temporary Restraining Order: On February 28, Judge William Alsup, a federal judge from California (for the United States District Court for the Northern District of California), issued a temporary restraining order (TRO); however, he called it a “limited injunction” in his order. In his order, he told the Office of Personnel Management (OPM) to stop firing employees and rehire the employees they had already fired from six federal agencies. The employees that had been fired were new employees, new to that agency, or those that had been newly promoted. The court said it was going to hear the evidence on March 13, 2025.
- Preliminary Injunction: On March 13, 2025, Judge Alsup then issued a preliminary injunction. In this injunction because the agencies had not hired the employees back like he had asked. The judge also said he might add more agencies. The Justice Department appealed to the 9th Circuit Court of Appeals.
The U.S. Supreme Court and preliminary injunctions
On March 24, 2025, President Trump asked the Supreme Court to pause the preliminary injunction order by Judge Alsup to hire federal workers back from the six agencies he issued the order for.
Examples of lawsuits brought to court during President Trump’s term are below. As of May 6, according to the New York Times, courts have issued 140 rulings that have at least temporarily paused some of the Trump initiatives:
- Jan. 27: A group of Quaker congregations filed a lawsuit against the Department of Homeland Security for rescinding a policy that stopped ICE agents from making arrests or conducting raids in “sensitive locations” like churches, schools and hospitals without approval from supervisors.
- Feb. 5: A second judge —Deborah L. Boardman of Maryland—blocked Trump’s policy rescinding birthright citizenship, in response to a lawsuit brought by nonprofits representing undocumented pregnant women.
- Feb. 6: Judge John Coughenour in Seattle extended his pause on Trump’s day-one executive order rescinding birthright citizenship for the children of undocumented or temporary immigrants, in response to a lawsuit brought by Democratic-led states, writing, “The president cannot change, limit, or qualify this Constitutional right via an executive order.”
- Feb. 10: District Judge Joseph LaPlante said during a hearing Monday he’s halting Trump’s order that only allows the children of U.S. citizens and permanent residents to become citizens at birth, multiple outlets report, in response to a lawsuit brought by the American Civil Liberties Union—marking the third time a federal judge has blocked Trump’s order since it was issued Jan.
What is a stay in a court proceeding?
A stay in a court proceeding is like hitting the “pause” button on a legal case. When the court issues a stay, it tells everyone the court order is not in effect. The court may put a stay in place to make sure no harm happens while they work through the issues in the case, until an appeal is decided, or to prevent harm. A stay can last for different amounts of time—anywhere from a few days to several months or even years, depending on how complicated the case is and what needs to be worked out.
For example, the winning side cannot collect money owed right away, carry out a punishment, or evict a tenant until the stay is lifted by the court and the case is decided.
What is an immediate stay?
An immediate stay, or an emergency stay, is when you are asking the court to stop something because of an immediate harm or something that will cause damage that cannot be undone.
An example of when a judge might consider immediate stay requests are: if someone’s immigration status is close, there is a specific removal date, or if they risk removal from the United States.
What does it mean to block an order or if the judge blocked something?
To block an order means that a judge can stop or pause the effect of an order, like an executive order, temporarily while a case is being decided. There are a few ways to do this.
A judge can’t just block an executive order without a reason. But if someone brings a lawsuit and can show they have been harmed by that order, or if they are currently being harmed by something, the judge might issue something called a preliminary injunction or a temporary restraining order (TRO). This is like a “pause” button until the court has time to look at it more carefully and make a final decision.
So, “blocking” an order is a way the court can prevent something from happening right away until it decides if it’s fair or legal. We talk about it more below. And sometimes it is confusing because people who report about it, may not always understand the difference in terms– or they might just say “block” instead of saying exactly what the judge did in a case.
For example:
- A few federal judges blocked President Trump’s order that tried to end birthright citizenship for children of illegal immigrants, meaning they stopped the order from being put into effect while the case was still being worked out.
- President Trump wanted to change a rule about who can be a U.S. citizen at birth. But some important judges (kind of like referees for laws) said, “Hold on! We need to check if this change is fair and allowed by the Constitution.” So, they stopped the rule from going into effect while they figured things out.
- In another case, a lower court temporarily blocked an order from the Trump administration that froze billions of dollars in financial aid. The administration asked a higher court (called the Circuit Court) to lift the block, but a group of three judges decided to keep the block in place.
The Trump administration decided to stop (or “freeze”) billions of dollars in financial aid—money that was supposed to help people. But a lower court (a group of judges) said, “Wait! We need to make sure this is fair before the money is taken away,” so they temporarily blocked the freeze. The Trump administration didn’t like that decision, so they asked a higher court (called the Circuit Court) to remove the block so the freeze could go into effect. But a group of three judges on that higher court looked at the case and decided, “No, we’re keeping the block in place while we figure this out.” That meant the financial aid money couldn’t be frozen—at least for the time being—while the courts worked on deciding if the Trump administration’s order was legal.
What is reinstatement of a case?
Reinstatement means asking for a judge to reopen a case that was dismissed– or closed– and asking for it to be heard again.
For example, someone might ask for a judge to reopen a case to get their license back if the judge took away their license, but they did the things required to get it back.
Definitions:
- Appeal: When you ask a higher court to look at the decision made by a lower court.
- Appellate Court: The second level of courts in the state or the U.S. An appellate judge looks over the case that the first court (the trial court) heard and decides whether to take the case. They decide whether the law was applied in a fair way.
- Block: a judge can stop or pause the effect of an order, like an executive order, temporarily while a case is being decided. There are several ways to block an order.
- Injunction: A court order that tells someone to either do something or stop doing something.
- Preliminary injunction: Issued early in a case, usually to stop something from happening while the case is still being decided.
- Temporary injunction: Similar to a preliminary injunction, but it can be more focused on specific situations and may last until a final decision is made.
- Permanent Injunction: Issued when the court has made a final decision and orders someone to either stop an action permanently or continue doing something.
- Lawsuit: When one person or group takes legal action against another person or group in court.
- Reinstatement: Asking for a judge to reopen a case that was dismissed, or closed, and asking for it to be heard again.
- Stay: When the court issues a stay, it tells everyone involved to stop doing whatever they were doing—whether that’s moving forward with a decision or carrying out an action—until the court figures out what’s fair or necessary.
- Temporary restraining order: A short-term court order that tells someone to stop doing something immediately.
- U.S. Supreme Court: The highest court in the United States– created by the Constitution as the judicial branch. It is made up of a group of nine justices that serve for life. The U.S. Supreme Court has final say on all legal matters.
