Lee v. Texas

1973-11-12
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Headline: Court authorizes temporary reassignments of retired Justice Clark to hear cases in several federal courts, allowing him to sit in the Seventh Circuit, Eastern District of New York, and Second Circuit on specified dates.

Holding:

Real World Impact:
  • Allows retired Justice Clark to sit and decide cases in the listed federal courts on specified dates.
  • Enables unfinished business in those courts to be completed by the assigned justice.
Topics: judicial assignments, retired justice service, federal court administration, case scheduling

Summary

Background

The opinion first notes that a motion for leave to file a petition for rehearing was denied. The Chief Justice then issued three assignment orders designating retired Justice Clark to perform judicial duties. One order assigns him to the United States Court of Appeals for the Seventh Circuit during the week of November 26, 1973, and for additional time as needed to finish unfinished business. A second assigns him to the United States District Court for the Eastern District of New York during December 1973, also with additional time as required. A third assigns him to the United States Court of Appeals for the Second Circuit from April 15 to April 19, 1974, with like additional time.

Reasoning

The Court ordered that those designations and assignments be entered on the Court’s minutes pursuant to the statutes cited in the orders, 28 U.S.C. § 294(a) and 28 U.S.C. § 295. In plain terms, the Chief Justice used the statutory authority to designate a retired Justice to serve temporarily. The result is an administrative order that the designations be recorded and that retired Justice Clark may perform the duties described and continue as necessary to complete pending work.

Real world impact

The immediate effect is practical: retired Justice Clark is authorized to sit on panels and handle cases in the named courts during the specified periods, and to finish unfinished business there. The action is administrative and does not decide any separate legal controversy on the merits. It simply allows the affected courts to use an experienced judge to help manage and resolve pending matters.

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