Today in Supreme Court History: August 1

Holtzman v. Schlesinger, 414 U.S. 1304 (decided August 1, 1973): Marshall denies stay, in effect allowing continued military operations in Cambodia; suit brought by Congresswoman Elizabeth Holtzman on the basis of a Congressional prohibition of such operations; Marshall’s opinion instructively reviews standards for granting a stay and how they might apply to this unique situation; he decides that the question should be decided by the full Court.  (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 direct appeal and dismissed the suit on August 8 on the grounds that the issue was political and therefore non-justiciable; cert denied in April 1974.)