The U.S. Supreme Court denied Apple’s request for an emergency stay on May 6, 2026 [1], leaving a Ninth Circuit contempt order in place.
This ruling prevents Apple from delaying court-mandated changes to its App Store. The decision marks a significant legal setback for the tech giant in its multi-year dispute with Epic Games over payment systems and developer freedom.
Justice Elena Kagan handled the request. "I deny the request for a stay," Kagan said [3]. The court determined that Apple had not demonstrated a likelihood of success on the merits of its appeal [4]. Furthermore, the justices noted that the order must remain in effect to avoid irreparable harm to the involved parties [4].
The underlying conflict stems from a Ninth Circuit order that held Apple in contempt for failing to fully comply with previous court mandates [2]. These mandates generally require Apple to allow developers to steer users toward outside payment methods, a practice Apple has historically restricted to maintain its commission structure.
Epic Games reacted to the news. "This decision is a victory for developers and for the rule of law," Epic Games CEO Tim Sweeney said [2].
Apple indicated it will not concede the broader legal fight. "We will continue to pursue this case to protect the integrity of the App Store," an Apple spokesperson said [1].
The case now heads back to the district court to determine how Apple must implement the changes and whether any further penalties for contempt are warranted [1].
“"I deny the request for a stay," Justice Elena Kagan said.”
This ruling limits Apple's ability to use the appellate process to stall the implementation of App Store reforms. By refusing the stay, the Supreme Court has signaled that the Ninth Circuit's contempt finding carries sufficient weight to require immediate action. This may force Apple to accelerate the dismantling of its 'walled garden' payment ecosystem in the U.S., potentially creating a blueprint for similar regulatory challenges in other global markets.
