Application for temporary relief allowing petitioner to practice
law pending consideration of petition for rehearing by the Court
denied by JUSTICE DOUGLAS, because of the nature of the relief
requested and because he was not one of the majority who voted to
deny the petition for certiorari.
See: Ante, p. 1007.
MR. JUSTICE DOUGLAS, Circuit Justice.
The petition for certiorari in this case was denied by the Court
on January 10, 1972, MR. JUSTICE BRENNAN and I noting that we voted
to grant. Ante p. 1007.
Petitioner now asks me for temporary relief allowing him to
practice law pending consideration by the Court on a petition for
rehearing. The difficulty is that the grant of that relief would in
effect be a partial grant of relief sought in the petition for
certiorari. I, one of the dissenting Justices, am barred by our
Rule 58(1) from voting on a petition for rehearing, those petitions
being considered only by those "who concurred in the judgment or
decision." Unless one of the majority who voted to deny votes to
reopen the case, the dissenters take no part. If one who voted to
deny changes his mind and votes to grant the petition, then of
course the entire Court participates. But in light of this rule and
in light of our practice and in consideration of the nature of the
relief that is being asked of me, I herewith deny the