Case: 20-50407 Document: 00515441096 Page: 7 Date Filed: 06/04/2020 No. 20-50407 The state officials filed an emergency motion for a stay pending appeal, and this motions panel granted a temporary administrative stay to consider carefully the motion for stay pending appeal. 8 In the interim, the Texas Supreme Court, without dissent, largely accepted General Paxton’s proffered interpretation of the Texas Election Code. In re State, No. 20-0394, 2020 Tex. LEXIS 452, at *2 (Tex. May 27, 2020) (Hecht, C.J.). 9 The court held that it “agree[d] with the State that a lack of immunity to [the Virus] is not itself a ‘physical condition’ that renders a voter eligible to vote by mail within the meaning of [TEX. ELEC. CODE] § 82.002(a).” Id. at *29. We now stay the preliminary injunction pending appeal. II. “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009). Whether to grant a stay is committed to our discretion. See Thomas v. Bryant, 919 F.3d 298, 303 (5th Cir. 2019). We evaluate “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Nken, 556 U.S. at 426. “The first two factors are the most critical.” Valentine v. Collier, 956 F.3d 797, 801 (5th Cir. 2020) (per curiam). “The proponent of a stay bears the burden of establishing its need.” Hinojosa v. Abbott, No. 20-50407, 2020 U.S. App. LEXIS 16713 (5th Cir. May 20, 2020) (per curiam). 8 Also in the interim, we received helpful submissions from the parties and useful briefs of amici curiae from the States of Louisiana and Mississippi, jointly; the NAACP Legal Defense and Educational Fund, Inc.; Travis County Clerk Dana DeBeauvoir; Harris County, Texas; a long list of healthcare professionals; and five military veterans. The court is grateful for the assistance of these distinguished amici. 9 7