BRAY ET AL.
v.
ALEXANDRIA WOMEN'S HEALTH CLINIC ET AL.

U.S. | 1992-09-02
No. 90-985
with whom Justice Blackmun joins,
505 U.S. 1240 Supreme Court of the United States (1992) Positive Treatment
Cited by 6 cases
Dissent
Justice Stevens,

Justice Stevens,

with whom Justice Blackmun joins,

dissenting.

In a statutory construction case that is important enough to merit reargument, the Court should err on the side of allowing full discussion of the entire statute at issue. Without having examined the supplemental brief attached to respondents’ motion, and noting the absence of any objection from petitioners, I would therefore allow it to be filed as a matter of course. Because I intend to read the entire supplemental brief in preparation for the reargument — despite the Court’s peculiar order — I would welcome comment by petitioners on all issues discussed therein.

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  • Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (U.S. 1993)
    …rits of respondents’ position under its terms, it was reasonable for respondents themselves to seek leave to file a supplemental brief addressing that interpretation and those merits prior to the reargument. Their request was nonetheless denied, see 505 U. S. 1240 (1992), though I voted to grant it, and three other Members of the Court dissented on the record from the Court’s action to the contrary. Nonetheless, whatever may have been the better decision, denying respondents’ request was at least consistent w…
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