5 U.S.C. § 705
Section 705 · Relief pending review
Amended 1 time on record
Applied in 124 court decisions — leading case Abbott Laboratories v. Gardner (1967)
Most recently applied in Airlines for Amer v. Dept of Trans (July 2024)
Cases citing this section usually also cite 5 U.S.C. § 706 · 28 U.S.C. § 1331 · 5 U.S.C. § 701
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report.