Dexter v. Schrunk

400 U.S. 1207, 91 S. Ct. 7

Opinion

Mr. Justice Douglas, Circuit Justice.

Under Dombrowski v. Pfister, 380 U. S. 479, applicants make out a strong case for federal protection of their First Amendment rights. But Dombrowski, a five-to-two decision rendered in 1965, is up for re-examination in cases set for reargument this fall. If the present case were before the Conference of this Court, I am confident it would be held pending the cases to be re-argued. Hence, as Circuit Justice, I do not fqel warranted in taking action, contrary to what I feel the Conference would do. Accordingly, I deny the restraining order requested.