The increased use by judges of emergency constitutional litigation has highlighted growing concerns about the inconsistent and confusing application of administrative stays, a legal tool in both Texas and federal appeal systems. In a Law360 interview, LPHS partner David Coale emphasizes the need for clearer standards in using administrative stays, which have more recently been employed to halt significant cases.

Coale said while there may not be a "silver bullet" solution, codifying a multiple-factor test similar to the injunction test would be a good starting point.

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