Indiana State Police Pension Trust v. Chrysler LLC, 556 U.S. 960 (2009)
Docket No.
08-1096
Opinions
SUPREME COURT OF THE UNITED STATES
INDIANA STATE POLICE PENSION TRUST et al.
08A1096 v.
CHRYSLER LLC et al.
CENTER FOR AUTO SAFETY et al.
08–1513 (08A1099) v.
CHRYSLER LLC et al.
PATRICIA PASCALE
08A1100 v.
CHRYSLER LLC et al.
on applications for stay
[June 9, 2009]
Per Curiam.
The applications for stay presented to
Justice Ginsburg and by her referred to
the Court are denied. The temporary stay entered by
Justice Ginsburg on June 8, 2009, is
vacated.
A denial of a stay is not a decision on
the merits of the underlying legal issues. In determining whether
to grant a stay, we consider instead whether the applicant has
demonstrated “(1) a reasonable probability that four Justices will
consider the issue sufficiently meritorious to grant certiorari or
to note probable jurisdiction; (2) a fair prospect that a majority
of the Court will conclude that the decision below was erroneous;
and (3) a likelihood that irreparable harm will result from the
denial of a stay.” Conkright v. Fommert, 556
U. S. ___, ___ (2009) (slip op., at 1–2)
(Ginsburg, J., in chambers) (internal quotation marks
and alterations omitted). In addition, “in a close case it may be
appropriate to balance the equities,” to assess the relative harms
to the parties, “as well as the interests of the public at large.”
Id., at ___ (slip op., at 2) (internal quotation marks
omitted).
“A stay is not a matter of right, even
if irreparable injury might otherwise result.” Nken v.
Holder, 556 U. S. ___, ___ (2009) (slip op., at 14)
(internal quotation marks omitted). It is instead an exercise of
judicial discretion, and the “party requesting a stay bears the
burden of showing that the circumstances justify an exercise of
that discretion.” Ibid. The applicants have not carried that
burden.
“[T]he propriety of [a stay] is
dependent upon the circumstances of the particular case,” and the
“traditional stay factors contemplate individualized judgments in
each case.” Ibid. (internal quotation marks omitted). Our
assessment of the stay factors here is based on the record and
proceedings in this case alone.
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