Today in Supreme Court History: July 12

New York Times Co. v. Jascalevich, 439 U.S. 1304 (decided July 12, 1978): Marshall denies stay pending certiorari application as to subpoena requiring reporter Myron Ferber to hand over documents in murder trial; stay inappropriate while trial was in progress and in camera review pending; Marshall pointed out if reporter refused to comply he could raise his arguments again in resulting contempt proceeding. The day before, White had denied a stay as to subpoena to testify as witness. The stay was vacated by the Court on October 6, 1978, for unknown reasons, perhaps mootness. No record as to whether cert petition was ever filed. Note: This was the trial of Mario E. Jascalevich, the “Dr. X” in articles by Ferber which noted patients dying after simple operations and which attracted the attention of prosecutors. Ferber decided to disobey the subpoenas and spent 40 days in jail and the Times was fined $286,000. Jascalevich was acquitted and moved his practice to Argentina. In 1982 New Jersey Gov. Byrne pardoned Ferber and ordered part of the fines returned.