Today in Supreme Court History: August 3

Breswick & Co. v. United States, 75 S.Ct. 912 (decided August 3, 1969): the Interstate Commerce Commission, which had approved a merged railroad’s application to be considered a common carrier, runs into objections of prior shareholders (who will suffer a loss) and into a turf war with the Securities and Exchange Commission; Harlan grants a stay by fashioning a bond which will protect shareholders; the decision is notable because Harlan says he is relying on the opinion of the Clerk of the Court as to whether a single Justice can issue a stay in these circumstances