BONURA ET AL.
v.
CBS, INC., ET AL.
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Justice White, acting as Circuit Justice, denied an application to vacate a stay issued by the Court of Appeals that had suspended a District Court order prohibiting CBS from broadcasting a particular program segment in the Dallas area. The Circuit Justice found insufficient grounds to overturn the appellate stay, concluding that neither he nor a majority of the full Court would likely vacate it.
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Justice White, Circuit Justice.
There is no doubt that as Circuit Justice I have the power to set aside the stay issued by the Court of Appeals in this case. Only the weightiest considerations, however, would warrant such action by a Circuit Justice. New York v. Kleppe, 429 U. S. 1307, 1310 (1976) (Marshall, J., in chambers); O’Rourke v. Levine, 80 S. Ct. 623, 624, 4 L. Ed. 2d 615, 616 (1960) (Harlan, J., in chambers).
I have examined the transcript of the hearing held by the District Judge at 8:30 p. m. on January 15, 1983, in New Orleans, the order issued after the hearing forbidding the broadcast by CBS in the Dallas area of a particular segment of a designated program, the order issued by a divided panel of the Court of Appeals staying the District Court’s order, and the application to me to vacate the stay of the Court of Appeals. I am not myself convinced that the Court of Appeals was in error in issuing the stay; and I do not think that if the application were before the full Court, five Justices would vote to vacate the stay. Accordingly, I deny the application to vacate the stay.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cap. Cities Media, Inc. v. Toole, 463 U.S. 1303 (U.S. 1983)…stay may issue. Nebraska Press Assn. v. Stuart, 423 U. S. 1327, 1330 (1975) (Blackmun, Circuit Justice); Times-Picayune Publishing Corp. v. Schulingkamp, 419 U. S. [*1305] 1301, 1305 (1974) (Powell, Circuit Justice). See also Bonura v. CBS, Inc., 459 U. S. 1313 (1983) (White, Circuit Justice). I address first the ¶ 2 provision, which on its face permanently restrains publication of the names or addresses of any juror. Counsel for respondent has informed the Clerk of this Court that this order remains in e…
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Garcia-Mir v. Smith, 469 U.S. 1311 (U.S. 1985)…set aside or further modified. A stay granted by a court of appeals is entitled to great deference from this Court because the court of appeals ordinarily has a greater familiarity with the facts and issues in a given case. See Bonura v. CBS, Inc., 459 U. S. 1313 (1983) (White, J., in chambers); O’Connor v. Board of Education, 449 U. S. 1301, 1304 (1980) (Stevens, J., in chambers); Coleman v. PACCAR, Inc., 424 U. S. 1301, 1304 (1976) (Rehnquist, J., in chambers). There is no need to evaluate applicants’ like…
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United States v. McKENZIE, 735 F.2d 907 (5th Cir. 1984)…las metropolitan area jury pool to support enjoining the broadcast. United States v. McKenzie, 697 F. 2d 1228 (5th Cir.1983). Justice White and, thereafter, Chief Justice Burger declined to vacate this Court’s second stay order. Bonura v. CBS, Inc., 459 U.S. 1313, 103 S.Ct. 665, 74 L.Ed.2d 592 (White, Circuit Justice, 1983); Bonura v. CBS, Inc. (Burger, C.J., Jan. 16, 1983)5 (unreported). On January 16, 1983, CBS broadcasted the segment as scheduled. The district court then requested the United States Atto…
Authorities Cited
- NEW York v. Kleppe, 429 U.S. 1307 (U.S. 1976)