Application for interim stay and other relief should be passed
on by full Court, since factors involved in granting a stay call
for the Court's collective judgment, the Court has denied a similar
stay at a different stage of the case, and an individual Justice
cannot order an accelerated schedule that is importantly related to
the stay request.
414 F.2d 170.
MR. JUSTICE HARLAN, Circuit Justice.
While I am of the view that this case is not unlikely to be
found a worthy candidate for certiorari, I am also of the opinion
that the present application for an interim stay and other relief
should be passed along to the full Court for consideration.
The latter conclusion follows from my belief that the factors
involved in determining whether a stay should issue are such as to
call for the collective judgment of the members of the Court, and
not merely that of an individual Justice; from the circumstance
that the Court itself has already denied a similar stay
application, albeit at a stage when the case was in a different
posture, and from the fact that an individual Justice has no power
to order an accelerated schedule for briefing and
Page 396 U. S. 1214
hearing on the underlying merits of the case, an aspect of the
present application that seems to me importantly related to the
request for a stay.
If applicants' petition for certiorari is promptly filed, that
should ensure its consideration and disposition by the Court at its
first Conference in October. At that time, I shall, pursuant to
Rule 50(6), refer this application to the Court for simultaneous
consideration and action.