Today in Supreme Court History: August 1

American Mfrs. Mut. Ins. Co. v. American Broadcasting-Paramount Theatres, Inc., 87 S.Ct. 1 (decided August 1, 1966): Harlan stays state court judgment, affirmed by New York’s highest court, due to argument that contract at issue violated antitrust laws, even though no showing of prejudice from having to pay the judgment and irrelevant that petitioner had not sought cert even though “substantial federal question” (in fact cert was later denied, 385 U.S. 931, 1966, and stay automatically terminated) (at issue was whether agreement to sponsor network news program involved illegal “tying” prohibited by Sherman Act)

Holtzman v. Schlesinger, 414 U.S. 1304 (decided August 1, 1973): Marshall denies stay, which has the effect of allowing continued military operations in Cambodia; suit had been brought by Congresswoman Elizabeth Holtzman on basis of Congressional prohibition of such operations; Marshall’s opinion instructively reviews standards for granting a stay and how they might apply to this “sui generis” situation; he decides that the question should be decided by the full Court.

Note: three days later another application was made, to Douglas, who stayed Cambodia operations; later that day Marshall un-did the stay again, with all the other Justices agreeing with him except Douglas; the Second Circuit heard the full appeal and dismissed suit on August 8 on grounds that issue was political and therefore non-justiciable; cert denied in April 1974