Mitchell, Attorney General, Et Al. v. Penny Stores, Inc.
Headline: Court affirms temporary block on enforcing parts of Mississippi’s 1930 law, keeping those provisions paused while a federal lawsuit over the law moves forward.
Holding:
- Keeps enforcement of specific Mississippi 1930 law provisions paused during litigation.
- Affirms federal court’s ability to issue temporary injunctions when no abuse is shown.
- Required plaintiffs to post a $5,000 bond payable to Mississippi to obtain the injunction.
Summary
Background
A group of people and organizations asked a federal court to stop the State of Mississippi from enforcing parts of a 1930 state law (sections 2(c), 11, and 13 of article 1, chapter 90). They asked for a temporary court order while the full lawsuit is decided. A three-judge federal court granted that temporary order after the plaintiffs posted a $5,000 bond payable to the State of Mississippi, and the court restrained enforcement of the challenged law until the case could be heard on the merits.
Reasoning
The only question the Supreme Court considered was whether the three-judge court abused its discretion in granting the temporary order. The District Court issued no written opinion, and the Supreme Court noted the order was entered before a later related decision in State Board of Commissioners v. Jackson. After reviewing the record and precedents cited, the Supreme Court found no abuse of discretion and therefore affirmed the lower court’s decision to keep the law’s provisions blocked pending the full hearing.
Real world impact
The ruling keeps the specified parts of Mississippi’s 1930 law from being enforced while the underlying lawsuit proceeds. It confirms that federal trial courts may issue temporary relief in such disputes when they act within their discretion. This is not a final decision on the law’s constitutionality or merits; the injunction is temporary and could be changed after a full hearing on the case.
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