Kagan Denies Epic’s Emergency Application to Vacate Stay in Apple Case

U.S. Supreme Court Justice Elena Kagan, in a text-only docket entry Wednesday (docket 23A78), denied Epic Games’ emergency July 25 application to vacate the stay of the appellate mandate issued by the 9th U.S. Circuit Court of Appeals. The stay is preventing enforcement of the injunction that Epic won in the district court to enjoin Apple from imposing its anti-steering rules against mobile app developers doing business in the App Store. Kagan is Supreme Court justice for the 9th Circuit.

Epic said the rules prohibit developers from directing iPhone users to less-expensive ways to pay for digital goods they use in their apps. It said the rules’ main effects deprive consumers of accurate information that would save them money, causing consumers harm for each day the injunction can’t be enforced.

Apple argued that the 9th Circuit’s “discretionary decision” to stay its own mandate pending Apple’s forthcoming cert petition at the Supreme Court applied “the correct legal standard” and didn’t warrant SCOTUS “intervention.” Neither Epic nor Apple immediately commented.