See this article. It contains an error: It says: “For the appeal to go forward, five of the Supreme Court’s nine justices would have to agree to review the case. If that happened, an injunction would be issued staying the decision by the lower court.” In fact, there is no automatic stay pending appeal. Justice Scalia alone could grant the stay, or it could be referred to the whole court for a vote. And because this is an appeal, the Court would vote to note probable jurisdiction, or issue some summary order. I am not sure if this would require four votes or five votes.