Dexter v. Schrunk

Supreme Court

Dexter v. Schrunk

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

DecidedAugust 29, 1970

StatusPublished

This text of 400 U.S. 1207 (Dexter v. Schrunk) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dexter v. Schrunk, 400 U.S. 1207, 91 S. Ct. 7 (1970).

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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.

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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.

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400 U.S. 1207, 91 S. Ct. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dexter-v-schrunk-scotus-1970.

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