Pac v. McKee
Decision Date | 22 October 2010 |
Docket Number | No. 10A362.,10A362. |
Citation | 131 S.Ct. 445 (Mem),562 U.S. 996,178 L.Ed.2d 346 |
Parties | Respect Maine PAC, et al., applicants, v. Walter F. McKEE, et al. |
Court | U.S. Supreme Court |
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.
To continue reading
Request your trial-
Cole v. City of Memphis, 2:13-cv-02117-JPM-dkv
.... . ." Wisconsin Right to Life, Inc. v. Fed. Election Comm'n, 542 U.S. 1305 (2004) (Rehnquist, J., in chambers); see Respect Maine PAC v. McKee, 131 S.Ct. 445 (2010) (Mem.) (noting that the standard for injunctive relief pending appeal is more demanding than the standard for a stay of a jud......
-
In re Farwell
...SITTING BY DESIGNATION [Signed and dated above.]cc: E-recipients of notice of orders.END OF ORDER 1. But see, e.g., Respect Maine PAC v. McKee, 562 U.S. 996 (2010):Such a request [to a reviewing court for an injunction pending review] "demands a significantly higher justification" than a re......
-
Grimmett v. Freeman
... ... entitled to the "extraordinary relief" of "an ... injunction against enforcement of a presumptively ... constitutional state legislative act" pending their ... appeal from the district court's denial of exactly that ... relief. Respect Maine PAC v. McKee, 562 U.S. 996, ... 996 (2010). The Supreme Court has admonished that ... "[o]rdinarily, there should be no interference" ... with a State's enforcement of its criminal statutes ... Younger v. Harris, 401 U.S. 37, 45 (1971) (internal ... quotation marks omitted) ... ...
-
Chrysafis v. Marks
...relief: "an injunction against enforcement of a presumptively constitutional state legislative act," Respect Maine PAC v. McKee , 562 U.S. 996, 131 S.Ct. 445, 178 L.Ed.2d 346 (2010), in circumstances where the request for an injunction was denied in the lower courts, and the court of appeal......
-
JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19.
...S. Bay United Pentecostal Church v. Newsom,140 S.Ct. 1613 (2020). (363) Id. at 1613-14. (364) See id. (quoting Respect Me. PAC v. McKee, 562 U.S. 996, 996 (365) Id. (366) Id. (367) Id. (first quoting Jacobson v. Massachusetts, 197 U.S. 11, 38 (1905); then quoting Marshall v. United States, ......