US Supreme Court denies Apple stay
- Justice Elena Kagan denied Apple’s emergency Supreme Court stay on May 6, leaving the Epic Games contempt order in force right now. - That keeps Apple headed back to Judge Yvonne Gonzalez Rogers, who can now decide whether any commission on web purchases survives. - The bigger shift is immediate — developers can keep steering iPhone users to outside payments while Apple fights on.
Apple just lost its bid for breathing room in the Epic fight. On May 6, Justice Elena Kagan denied Apple’s emergency request to freeze a lower-court order in the long-running App Store case. That means the contempt ruling against Apple stays live, and the case moves back to the federal trial judge in Oakland. For developers, this is the practical point — Apple does not get to pause the new, looser rules while it asks the Supreme Court to hear a broader appeal. (supremecourt.gov) ### What did the Supreme Court actually do? Not much, but it matters. Kagan denied Apple’s stay application the same day Epic filed its response. She did not send the request to the full court, and there was no written explanation. In Supreme Court emergency practice, that usually means the applicant did not come close to clearing the bar. (supremecourt.gov) ### What order was Apple trying to freeze? This is the contempt order from Judge Yvonne Gonzalez Rogers. Back in 2021, she said Apple could not stop developers from telling users about other ways to pay outside the App Store. Apple then changed its rules, but the judge later found those changes were built to(supremecourt.gov)t made leaving the app feel risky or annoying. In April 2025, she said Apple had willfully violated the injunction. (cdn.ca9.uscourts.gov) ### Why is “contempt” such a big deal? Because this is no longer just a policy dispute about app-store design. A contempt finding means the judge concluded Apple disobeyed a court order. That gives the trial court much more leverage to police compliance and set tighter rules. Apple’s emergency filing made (cdn.ca9.uscourts.gov)l before the Supreme Court even decides whether to hear the case. (scotusblog.com) ### So can Apple still charge 12% to 27%? That is the live fight. Apple wanted time before the lower court starts working through what commission, if any, can attach to purchases made outside the App Store after a user taps a link in an app. The Ninth Circuit already let the man(scotusblog.com)le says the answer could affect millions of app transactions and substantial sums of money. (supremecourt.gov) ### What changes for developers right now? The main immediate win is steering. Developers can keep linking users out to web payment pages, and Apple does not get a fresh pause while the appeal process drags on. That matters bec(supremecourt.gov)ones. (scotusblog.com) ### Why does Epic care so much about links? Because links are the pressure valve. If a developer can move a user to the web, the developer can avoid Apple’s full in-app purchase system, control the checkout flow, and keep more revenue. That is why the fight over one link button (scotusblog.com)tay request said Apple’s delays had already stretched competition-slowing fees out for more than two years. (scotusblog.com) ### Does this mean Apple lost the whole case? No. Apple can still file a petition asking the Supreme Court to take the appeal. But turns out the company has to keep fighting without a timeout. The bottom line is simple — the court did not settle the final commission question, but it did refuse to shield Apple from the consequences of losing the last round. (supremecourt.gov)