83 S.Ct. 10 (1962), Meredith v. Fair

Citation83 S.Ct. 10, 9 L.Ed.2d 43
Party NameJames H. MEREDITH, Movant, v. Charles Dickson FAIR et al.
Case DateSeptember 10, 1962
CourtUnited States Supreme Court

Page 10

83 S.Ct. 10 (1962)

9 L.Ed.2d 43

James H. MEREDITH, Movant,

v.

Charles Dickson FAIR et al.

United States Supreme Court.

Sept. 10, 1962

OPINION

Mr. Justice BLACK.

This is a motion asking me to vacate orders of Judge Ben F. Cameron, a judge of the Court of Appeals for the Fifth Circuit, which purport to stay the execution and enforcement of mandates of that court. The Court of Appeals held that movant Meredith, a Negro, had been denied admission to the University of Mississippi solely because of his race. The court granted injunctive relief which has the effect of requiring the admission of Meredith to the University of Mississippi at the opening of its new academic year commencing in September 1962.

Judge Cameron, however, stayed the mandate of the Court of Appeals pending action by this Court on a petition for writ of certiorari by respondents in this motion. Later the Court of Appeals, 306 F.2d 374, vacated the stay on the grounds (1) that Judge Cameron's action came too late, and (2) that his stay had been 'improvidently granted.' Judge Cameron nevertheless later issued three other stays, claiming that his first stay had rendered any further proceedings of the Court of Appeals 'void and beyond the jurisdiction' of that court. The Court of Appeals has treated all of Judge Cameron's stays as ineffective and void.

Page 11

The respondents, trustees and officials of the University, who were enjoined by the Court of Appeals, have filed a petition for a writ of certiorari, and the movant Meredith has waived his right to file a brief in opposition to that petition. In this situation I am satisfied that the Court has jurisdiction and power under 28 U.S.C. s 1651, 28 U.S.C.A. s 1651, to take such steps as are necessary to preserve the rights of the parties pending final determination of the cause and that 28 U.S.C. s 2101(f), 28 U.S.C.A. s 2101(f) and Rule 51 of the Rules of this Court, 28 U.S.C.A. give the same jurisdiction and power to me as a single Justice of this Court.

I agree with the Court of Appeals that the stays issued in this case can only work further delay and injury to movant while immediate enforcement of the judgment can do no appreciable harm to the University or the other respondents. I further agree with the Court of Appeals that there is very little likelihood that this Court will grant certiorari to review the judgment of the Court of...

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17 practice notes
  • The courage of civil rights lawyers: Fred Gray and his colleagues.
    • United States
    • Case Western Reserve Law Review Vol. 67 Nbr. 4, June 2017
    • June 22, 2017
    ...I.A.6 (discussing the school desegregation cases). (120.) Motley, supra note 110, at 193-202. (121.) Id. at 162-83; Meredith v. Fair, 83 S. Ct. 10 (1962). (122.) Linn Washington, Black Judges on Justice 127 (1994). (123.) Douglas Martin, Constance Baker Motley, Civil Rights Trailblazer, Die......
  • 366 F.Supp. 1208 (S.D.Tex. 1972), Civ. A. 70-H-1236, Wright v. Houston Independent School Dist.
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • August 3, 1972
    ...those who believe in no religion over those who do believe. [4] See School District of Abington Township v. Schempp, 374 U.S. 203, 83 S.Ct. 10 L.Ed.2d 844 [5] In Davis v. Beason, 133 U.S. 333, 10 S.Ct. 299, 33 L.Ed. 637, the Supreme Court said that "The term 'religion' has reference to......
  • 429 U.S. 1307 (1976), A-150, New York Natural Resources Defense Council, Inc. v. Kleppe
    • United States
    • Federal Cases United States Supreme Court
    • August 19, 1976
    ...e. g., Holtzman v. Schlesinger, 414 U.S. 1304, 1308, 94 S.Ct. 1, 4, 38 L.Ed.2d 18 (1973) (Marshall, J., in chambers); Meredith v. Fair, 83 S.Ct. 10, 9 L.Ed.2d 43 (1962) (Black, J., in chambers); Cunningham v. English, 78 S.Ct. 3, 2 L.Ed.2d 13 (1957) (Warren, C. [97 S.Ct. 6] J., in chambers)......
  • 448 U.S. 1327 (1980), A-179, Certain Named and Unnamed Non-Citizen
    • United States
    • Federal Cases United States Supreme Court
    • September 4, 1980
    ...dissolve a stay is well settled." New York v. Kleppe, 429 U.S. 1307, 1310 (1976) (MARSHALL, J., in chambers). See Meredith v. Fair, 83 S.Ct. 10, 9 L.Ed.2d 43 (1962) (Black, J., in chambers). The well-established principles that guide a Circuit Justice in considering an application to s......
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16 cases
  • 366 F.Supp. 1208 (S.D.Tex. 1972), Civ. A. 70-H-1236, Wright v. Houston Independent School Dist.
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • August 3, 1972
    ...those who believe in no religion over those who do believe. [4] See School District of Abington Township v. Schempp, 374 U.S. 203, 83 S.Ct. 10 L.Ed.2d 844 [5] In Davis v. Beason, 133 U.S. 333, 10 S.Ct. 299, 33 L.Ed. 637, the Supreme Court said that "The term 'religion' has reference to......
  • 429 U.S. 1307 (1976), A-150, New York Natural Resources Defense Council, Inc. v. Kleppe
    • United States
    • Federal Cases United States Supreme Court
    • August 19, 1976
    ...e. g., Holtzman v. Schlesinger, 414 U.S. 1304, 1308, 94 S.Ct. 1, 4, 38 L.Ed.2d 18 (1973) (Marshall, J., in chambers); Meredith v. Fair, 83 S.Ct. 10, 9 L.Ed.2d 43 (1962) (Black, J., in chambers); Cunningham v. English, 78 S.Ct. 3, 2 L.Ed.2d 13 (1957) (Warren, C. [97 S.Ct. 6] J., in chambers)......
  • 448 U.S. 1327 (1980), A-179, Certain Named and Unnamed Non-Citizen
    • United States
    • Federal Cases United States Supreme Court
    • September 4, 1980
    ...dissolve a stay is well settled." New York v. Kleppe, 429 U.S. 1307, 1310 (1976) (MARSHALL, J., in chambers). See Meredith v. Fair, 83 S.Ct. 10, 9 L.Ed.2d 43 (1962) (Black, J., in chambers). The well-established principles that guide a Circuit Justice in considering an application to s......
  • 376 U.S. 681 (1964), 107, United States v. Barnett
    • United States
    • Federal Cases United States Supreme Court
    • April 6, 1964
    ...of an opinion signed by Judge Wisdom. The order, which is printed infra at 763 as Appendix B to this opinion, is dated July 28, 1962. [3] 83 S.Ct. 10. [4] The District Court's permanent injunction is printed infra at 766, as Appendix C to this [5] The Court of Appeals' temporary restraining......
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1 books & journal articles
  • The courage of civil rights lawyers: Fred Gray and his colleagues.
    • United States
    • Case Western Reserve Law Review Vol. 67 Nbr. 4, June 2017
    • June 22, 2017
    ...I.A.6 (discussing the school desegregation cases). (120.) Motley, supra note 110, at 193-202. (121.) Id. at 162-83; Meredith v. Fair, 83 S. Ct. 10 (1962). (122.) Linn Washington, Black Judges on Justice 127 (1994). (123.) Douglas Martin, Constance Baker Motley, Civil Rights Trailblazer, Die......