Today in Supreme Court History: August 19

Corpus Christi School District v. Cisneros, 404 U.S. 1211 (decided August 19, 1971): Black reinstates stay dissolved by Fifth Circuit of desegregation order granted by different trial court judge than the one who issued the order saying he would grant no stays; “it is apparent that this case is in an undesirable state of confusion and presents questions not heretofore passed on by the full Court, but which should be” (the Fifth Circuit later modified the order and cert was denied, 413 U.S. 922, 1973) (Black himself was in an undesirable state of confusion; at age 85 his mind had been failing and he resigned a few weeks later; I recommend this comprehensive historical review available online, Garrow, “Mental Decrepitude on the United States Supreme Court”, 67 U. Chi. Law Rev.  995 (2000); see the discussion of Black at pp. 1050 - 51)

Rose v. Raffensberger, 143 S.Ct. 58 (decided August 19, 2022):  Black voters won in suit claiming at-large voting for Georgia Public Service Commission violated Voting Rights Act and obtained permanent injunction against at-large voting.  The Eleventh Circuit granted stay pending appeal.  Here Thomas vacates the stay because the Circuit Court applied the wrong analysis (changing voting method would not be possible before November 2022 elections) instead of traditional analysis (likelihood of success on the merits).  Thomas refers back to the Eleventh Circuit for reconsideration.  (Georgia did not seek stay again, but postponed elections to 2023 until appellate course has run; Circuit Court heard argument on direct appeal in December 2022, but stayed decision pending the Court’s decision in a Congressional apportionment case, Allen v. Milligan, 143 S.Ct. 1487, which was decided on June 8, 2023 under an analysis that favors the black voters here; no decision on appeal yet.)