ROSENBERG ET AL.
v.
UNITED STATES

U.S. | 1953-06-19
Mr. Justice Black dissents.
346 U.S. 324 Supreme Court of the United States (1953) Positive Treatment
Also reported at: 97 L. Ed. 1634 · 73 S. Ct. 1171 · 1953 U.S. LEXIS 1899 · SCDB 1952-116
Cited by 5 cases
Opinion of the Court
Per Curiam. Mr. Justice Frankfurter

Per Curiam.

The motion for reconsideration of the question of the Court’s power to vacate Mr. Justice Douglas’ stay order and hear oral argument is denied.

Mr. Justice Black dissents.

Mr. Justice Frankfurter desires that it be noted that he too would deny the motion to reconsider the power of this Court to review Mr. Justice Douglas’ order to stay the execution, but not because he thinks the matter is free from doubt. See his dissenting opinion in Ex parte Peru, 318 U. S. 578, 590, in connection with Lambert v. Barrett, 157 U. S. 697, and Carper v. Fitzgerald, 121 U. S. 87.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Rosenberg v. United States, 346 U.S. 273 (U.S. 1953)
    …for the execution has not been fixed as of 11 o’clock tonight. Of course I respectfully assume that appropriate consideration will be given to a clemency application by the authority constitutionally charged with the clemency function.” The order, 346 U. S. 324, denying a rehearing on the question of our power to vacate the stay reads: “The motion for reconsideration of the question of the Court’s power to vacate Mr. Justice Douglas’ stay order and hear oral argument is denied. “Mr. Justice Black dissent…
  • Meredith v. Fair, 306 F.2d 374 (5th Cir. 1962)
    …court determining the cause has inherent power to review the action of the single judge, whether or not the single judge is a member of the panel. Rosenberg v. United States, 1953, 346 U.S. 273, 73 S.Ct. 1152, 97 L.Ed. 1607, reconsideration denied, 346 U.S. 324, 73 S.Ct. 1178, 97 L.Ed. 1634, reconsideration denied, 346 U.S. 324, 73 S.Ct. 1178, 97 L.Ed. 1634. A contrary position would allow a judge in the minority, were he a member of the panel deciding the case, to frustrate the mandate of the majority. A…
    1 / 2

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw