Today in Supreme Court History: August 25

Guey Heung Lee v. Johnson, 404 U.S. 1215 (decided August 25, 1971): Douglas denies stay of San Francisco desegregation order as to Chinese-ancestry children; holds that Brown v. Board of Education did not apply just to black children, and believes plan was “thoughtful” though not for him to approve it at this stage (stay was sought by Chinese parents who wanted to remain segregated)

Gray v. Kelly, 564 U.S. 1301 (decided August 25, 2011): Roberts denies condemned man’s motion to stay not the judgment of death, but the District Court habeas petition scheduling order; Circuit Justice has no power to “exercise supervisory authority” over District Court (defendant’s case went up and down the courts and after a final stay was denied he was executed on January 18, 2017; defendant and his nephew had gone on a 7-person killing spree in 2006, including nephew’s girlfriend who started as an accomplice and ended up as a victim)