Califano Vs. Mcrae

Califano vs Mcrae

Type Court Judgment Court US Supreme Court Decided Jul-20-1977

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https://sooperkanoon.com/case/104129

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Citation: sooperkanoon.com/104129
Court: US Supreme Court
Decided On: Jul-20-1977
Case Number: 434 U.S. 1301
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Califano

Respondent

Mcrae

Excerpt

.....434 u.s. 1301 on application for stay syllabus in view of this court's rule 58 permitting a petition for rehearing to be granted only by a justice who concurred in the initial judgment or decision, mr. justice marshall abstains from acting on an application for stay, pending a petition for rehearing, of the court's order vacating the district court's judgment and remanding for further consideration in light of maher v. roe, 432 u. s. 464 , and beal v. doe, 432 u. s. 438 , since he dissented in both of those cases. mr. justice marshall, circuit justice. section 209 of pub.l. 9 139, 90 stat. 1434, generally prohibits the secretary of health, education, and welfare from expending federal medicaid funds for abortions. in the instant case, the united states district court for the eastern district of new york enjoined operation of the law. on june 29, 1977, this court entered the following order: "the judgment is vacated and the case is remanded to the united states district court for the eastern district of new york for further consideration in light of maher v. roe, 432 u. s. 464 (1977), and beal v. doe, 432 u. s. 438 (1977)." see 433 u.s. 916. this is an application for "a stay of execution of this court's vacatur of the district court's injunction of section 209 of public law 94-439 (the 'hyde amendment') and/or, in the alternative for a stay as follows: " page 434 u. s. 1302 "1. a stay, pending conclusion of the district court's reconsideration of this case in light of maher v. roe, 432 u. s. 464 (1977), and beal v. doe, 432 u. s. 438 (1977), as ordered by this court on [june] 29, 1977, in this case. a stay is necessary to prevent irreparable harm during the remand proceedings in the district court and to assure full and effective presentation to and consideration by the district court of the issues left open by this court's remand order;.....

Full Judgment

Califano v. McRae - 434 U.S. 1301 (1977)
U.S. Supreme Court Califano v. McRae, 434 U.S. 1301 (1977)

Califano v. McRae

No. A6

Decided July 20, 1977

434 U.S. 1301

ON APPLICATION FOR STAY

SYLLABUS

In view of this Court's Rule 58 permitting a petition for rehearing to be granted only by a Justice who concurred in the initial judgment or decision, MR. JUSTICE MARSHALL abstains from acting on an application for stay, pending a petition for rehearing, of the Court's order vacating the District Court's judgment and remanding for further consideration in light of Maher v. Roe, 432 U. S. 464 , and Beal v. Doe, 432 U. S. 438 , since he dissented in both of those cases.

MR. JUSTICE MARSHALL, Circuit Justice.

Section 209 of Pub.L. 9 139, 90 Stat. 1434, generally prohibits the Secretary of Health, Education, and Welfare from expending federal Medicaid funds for abortions. In the instant case, the United States District Court for the Eastern District of New York enjoined operation of the law. On June 29, 1977, this Court entered the following order:

"The judgment is vacated and the case is remanded to the United States District Court for the Eastern District of New York for further consideration in light of Maher v. Roe, 432 U. S. 464 (1977), and Beal v. Doe, 432 U. S. 438 (1977)."

See 433 U.S. 916.

This is an application for

"a stay of execution of this Court's vacatur of the district court's injunction of Section 209 of Public Law 94-439 (the 'Hyde Amendment') and/or, in the alternative for a stay as follows: "

Page 434 U. S. 1302

"1. A stay, pending conclusion of the district court's reconsideration of this case in light of Maher v. Roe, 432 U. S. 464 (1977), and Beal v. Doe, 432 U. S. 438 (1977), as ordered by this Court on [June] 29, 1977, in this case. A stay is necessary to prevent irreparable harm during the remand proceedings in the district court and to assure full and effective presentation to and consideration by the district court of the issues left open by this Court's remand order; and/or in the alternative,"

"2. A stay, pending the timely filing and disposition in this Court of a petition for rehearing pursuant to Rule 59(2) of this Court."

It is obvious that, in essence, applicants seek to have this Court reconsider its order vacating the District Court's judgment, and seek an injunction to protect them during the consideration of a petition for rehearing. It is also clear that the controlling legal precedents bearing on whether to grant rehearing are Maher v. Roe, 432 U. S. 464 (1977), and Beal v. Doe, 432 U. S. 438 (1977). I dissented in both of those eases. This Court's Rule 58 governing rehearings provides:

"A petition for rehearing . . . will not be granted, except at the instance of a justice who concurred in the judgment or decision and with the concurrence of a majority of the court."

(Emphasis added.) For that reason, I have decided to abstain on this application, and suggest that the application be made to one of the Justices "who concurred in the judgment or decision" in Maher and Beal.

Same Court & Year US Supreme Court · 1977 Same Parties Califano vs Mcrae Same Subject Education

Education Further consideration At the instance of circuit justice district court supreme court public law