BONURA Et Al. v. CBS, INC., Et Al.

459 U.S. 1313, 103 S. Ct. 665, 74 L. Ed. 2d 592, 51 U.S.L.W. 3554, 1983 U.S. LEXIS 3637

Opinion

Justice White, Circuit Justice.

There is no doubt that as Circuit Justice I have the power to set aside the stay issued by the Court of Appeals in this case. Only the weightiest considerations, however, would warrant such action by a Circuit Justice. New York v. Kleppe, 429 U. S. 1307, 1310 (1976) (Marshall, J., in chambers); O’Rourke v. Levine, 80 S. Ct. 623, 624, 4 L. Ed. 2d 615, 616 (1960) (Harlan, J., in chambers).

I have examined the transcript of the hearing held by the District Judge at 8:30 p. m. on January 15, 1983, in New Orleans, the order issued after the hearing forbidding the broadcast by CBS in the Dallas area of a particular segment of a designated program, the order issued by a divided panel of the Court of Appeals staying the District Court’s order, and the application to me to vacate the stay of the Court of Appeals. I am not myself convinced that the Court of Appeals was in error in issuing the stay; and I do not think that if the application were before the full Court, five Justices would vote to vacate the stay. Accordingly, I deny the application to vacate the stay.