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
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.