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Us Supreme Court Court July 1972 Judgments

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Jul 29 1972

Russo Vs. Byrne

Court: US Supreme Court

Decided on: Jul-29-1972

Russo v. Byrne - 409 U.S. 1219 (1972) U.S. Supreme Court Russo v. Byrne, 409 U.S. 1219 (1972) Russo v. Byrne No. A-150 Decided July 29, 1972 409 U.S. 1219 ON APPLICATION FOR STAY Syllabus The District Court, in an in camera proceeding, ruled that intercepted conversations of applicants' counsel were not relevant to issues in their federal criminal trial, and the Court of Appeals, in affirming, held that the applicants had no standing to raise the question of relevancy. Held: The issue of relevancy, the resolution of which determined the issue of standing, required an adversary hearing, and a stay of the criminal trial is appropriate pending the filing of a petition for a writ of certiorari in this Court and the Court's action thereon. MR. JUSTICE DOUGLAS, Circuit Justice. The question raised by this application for stay presents a profoundly important constitutional question not squarely decided by the Supreme Court but ruled upon by the District Court and by the Court ...


Jul 19 1972

Aberdeen and Rockfish R. Co. Vs. Scrap

Court: US Supreme Court

Decided on: Jul-19-1972

Aberdeen & Rockfish R. Co. v. SCRAP - 409 U.S. 1207 (1972) U.S. Supreme Court Aberdeen & Rockfish R. Co. v. SCRAP, 409 U.S. 1207 (1972) Aberdeen & Rockfish Railroad Co. v. Students Challenging Regulatory Agency Procedures (SCRAP) No. A-72 Decided July 19, 1972 * 409 U.S. 1207 ON APPLICATION FOR STAY Syllabus SCRAP, a student environmental association, secured from a three-judge District Court an injunction against the authorization by the Interstate Commerce Commission (ICC) of a temporary 2.5% freight surcharge to be imposed across the board by most of the Nation's railroads. The ground for the injunction was that by adding the surcharge to the cost of transporting recyclable goods, fewer such goods would be transported, the need would be met by increased use of natural resources, and there would therefore be an adverse impact on the environment; hence the National Environmental Policy Act required that the ICC prepare an "impact statement" on the surcharge. The District Co...


Jul 07 1972

O'Brien Vs. Brown

Court: US Supreme Court

Decided on: Jul-07-1972

O'Brien v. Brown - 409 U.S. 1 (1972) U.S. Supreme Court O'Brien v. Brown, 409 U.S. 1 (1972) O'Brien v. Brown Nos. 72-34 and A-23 Decided July 7, 1972 * 409 U.S. 1 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT AND ON APPLICATION FOR STAY Syllabus On July 3, 1972, delegates from California and Illinois brought suits in District Court contesting their unseating, recommended by the Democratic Party's Credentials Committee, in the 1972 Democratic National Convention, scheduled to convene July 10. The District Court dismissed both actions. On July 5, the Court of Appeals reversed both decisions, granting relief to the California delegates, and denying relief to the Illinois delegates. Held: In view of the probability that the Court of Appeals erred in deciding the cases on the merits, and in view of the traditional right of a political convention to review and act upon the recommendations of a Credentials Committe...


Jul 01 1972

Cousins Vs. Wigoda

Court: US Supreme Court

Decided on: Jul-01-1972

Cousins v. Wigoda - 409 U.S. 1201 (1972) U.S. Supreme Court Cousins v. Wigoda, 409 U.S. 1201 (1972) Cousins v. Wigoda No. A-1 Decided July 1, 1972 409 U.S. 1201 ON APPLICATION FOR STAY Syllabus Respondent sought in state court a declaratory judgment that he had been duly elected as a delegate to the Democratic National Convention scheduled to convene on July 10, 1972, and an injunction prohibiting applicants from interfering. Applicants obtained a United States District Court injunction against the injunctive aspect of the state court action, but that injunction was vacated by the Court of Appeals. Held: The state courts being available to applicants for vindication of their constitutional claims, the application for a stay of the Court of Appeals order is denied. See: 463 F.2d 603. MR. JUSTICE REHNQUIST, Circuit Justice. Applicants have applied to me as Circuit Justice to stay an order entered by the Court of Appeals for the Seventh Circuit on Thursday, June 29, 1972. ...


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