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Respect Maine PAC v. McKee

U.S.
Oct 22, 2010
562 U.S. 996 (2010)

Summary

explaining that obtaining injunctive relief from an appellate court "'demands a significantly higher justification' than a request for a stay" pending appeal (quoting Ohio Citizens for Responsible Energy, Inc. v. NRC, 479 U.S. 1312, 1313 (1986) (Scalia, J., in chambers))

Summary of this case from Bos. Parent Coal. for Acad. Excellence Corp. v. Sch. Comm. of Bos.

Opinion

No. 10A362.

10-22-2010

Respect Maine PAC, et al., applicants, v. Walter F. McKEE, et al.


Application for an injunction, presented to Justice KENNEDY, and by him referred to the Court denied. Applicants are correct to note that relief was granted in McComish v. Bennett, 560 U.S. ––––, 130 S.Ct. 3383, 176 L.Ed.2d 1243 (2010), which concerned a constitutional challenge to an Arizona law similar to the Maine law challenged by applicants here. The McComish applicants, however, requested a stay of an appeals court decision, whereas applicants here are asking for an injunction against enforcement of a presumptively constitutional state legislative act. Such a request "demands a significantly higher justification" than a request for a stay, because unlike a stay, an injunction "does not simply suspend judicial alteration of the status quo but grants judicial intervention that has been withheld by lower courts." Ohio Citizens for Responsible Energy, Inc. v. NRC, 479 U.S. 1312, 1313, 107 S.Ct. 682, 93 L.Ed.2d 692 (1986) (Scalia, J., in chambers). In light of these considerations, and given the difficulties in fashioning relief so close to the election, applicants' request for extraordinary relief is denied.

Justice SCALIA and Justice ALITO would grant the application for an injunction as to the matching fund provisions.


Summaries of

Respect Maine PAC v. McKee

U.S.
Oct 22, 2010
562 U.S. 996 (2010)

explaining that obtaining injunctive relief from an appellate court "'demands a significantly higher justification' than a request for a stay" pending appeal (quoting Ohio Citizens for Responsible Energy, Inc. v. NRC, 479 U.S. 1312, 1313 (1986) (Scalia, J., in chambers))

Summary of this case from Bos. Parent Coal. for Acad. Excellence Corp. v. Sch. Comm. of Bos.

noting that the standard for injunctive relief pending appeal is more demanding than the standard for a stay of a judgment

Summary of this case from Cole v. City of Memphis
Case details for

Respect Maine PAC v. McKee

Case Details

Full title:RESPECT MAINE PAC, ET AL. v. WALTER F. MCKEE, ET AL

Court:U.S.

Date published: Oct 22, 2010

Citations

562 U.S. 996 (2010)
131 S. Ct. 445
178 L. Ed. 2d 346

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