McCarthy v. Briscoe
Headline: Court denies emergency stay request, finds it lacks authority to hear a direct appeal, and tells applicants to seek relief in the federal court of appeals.
Holding: The Court holds it lacks jurisdiction to hear a direct appeal under 28 U.S.C. §1253 and therefore denies the emergency stay, allowing applicants to seek relief in the Court of Appeals.
- Supreme Court will not issue the requested emergency stay here.
- Applicants must pursue relief in the federal court of appeals.
- Limits immediate Supreme Court intervention in similar procedural requests.
Summary
Background
A group of applicants asked the Supreme Court to block a lower court’s order during the summer recess. The three-judge District Court had resolved the constitutional claim in the applicants’ favor but declined to grant an injunction because of the equitable doctrine of laches (a delay-based defense). Justice Powell handled the emergency application and consulted other available Justices.
Reasoning
The core question was whether the Supreme Court could take the case directly and grant the requested stay. Justice Powell concluded that a direct appeal under 28 U.S.C. §1253 does not lie here and that the Court therefore lacked jurisdiction to grant the emergency relief. He cited MTM, Inc. v. Baxley and explained that, because the Court has no authority to decide the matter on direct appeal now, the stay could not be granted. The consulted Justices indicated they would vote to deny the application for the same reason.
Real world impact
As a result, the Court denied the application for a stay but did so without prejudice, meaning the applicants may still seek relief in the federal court of appeals. This decision stops immediate Supreme Court intervention in this procedural posture and directs parties to follow the ordinary appellate route rather than asking the Supreme Court to act first.
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