OK it's nerdy but one of the key unrecognized and unreviewable courts have is unexplained delay.
An administrative stay is a device to briefly preserve the status quo while the judges decide whether to issue a stay pending appeal.
But a stay pending appeal involves considering the merits and the consequences of grant or denial
An administrative stay is a hold while the reviewing court circulates the briefs and decides whether to get involved.
An administrative stay requires no findings, no statement of reasons, and is unreviewable. The risk of arbitrariness is great if they are more than momentary. Enter the Fifth Circuit and Stephen Vladeck, author of The Shadow Docket.
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