Dexter Vs. Schrunk - Court Judgment

SooperKanoon Citationsooperkanoon.com/102510
SubjectEducation
CourtUS Supreme Court
Decided OnAug-29-1970
Case Number400 U.S. 1207
AppellantDexter
RespondentSchrunk
Excerpt:
dexter v. schrunk - 400 u.s. 1207 (1970) u.s. supreme court dexter v. schrunk, 400 u.s. 1207 (1970) dexter v. schrunk decided august 29, 1970 400 u.s. 1207 on application for restraining order syllabus restraining order requested by applicants, who rely on dombrowski v. pfister, 380 u. s. 479 , denied, since reexamination of holding in that case is involved in cases to be argued in fall. 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 reexamination 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 reargued. hence, as circuit justice, i do not feel warranted in taking action contrary to what i feel the conference would do . accordingly, i deny the restraining order requested.
Judgment:
Dexter v. Schrunk - 400 U.S. 1207 (1970)
U.S. Supreme Court Dexter v. Schrunk, 400 U.S. 1207 (1970)

Dexter v. Schrunk

Decided August 29, 1970

400 U.S. 1207

ON APPLICATION FOR RESTRAINING ORDER

SYLLABUS

Restraining order requested by applicants, who rely on Dombrowski v. Pfister, 380 U. S. 479 , denied, since reexamination of holding in that case is involved in cases to be argued in fall.

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 reexamination 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 reargued. Hence, as Circuit Justice, I do not feel warranted in taking action contrary to what I feel the Conference would do . Accordingly, I deny the restraining order requested.