Today in Supreme Court History: July 16

Travia v. Lomenzo, 86 S.Ct. 7 (decided July 16, 1965): In this order by Harlan refusing a stay of a District Court decision, we learn 1) that a federal trial court order, even when up for appeal, is “final and binding” on a state’s highest court; 2) how pissed off he was by the Supreme Court’s earlier decision in this case, which he dissented from; 3) how he is bound by Court’s earlier decision regarding a similar application (381 U.S. 431); and 4) how if the Court had explained its reasoning “in a sensitive and not heavy-handed manner” the state court would have deferred to the District Court.  Issue was whether a special legislative election could be held in the midst of litigation as to whether a recent reapportionment violated Equal Protection.  District Court ordered election to go forward; state court then held it impermissible under state law.  Substantive issue (apportionment) was decided before the 1966 (regular) elections, when state court approved recommendations of a judicial commission (Orans v. Rockefeller, 1966).

Gutierrez v. Saenz, 144 S.Ct. 2718 (Mem.) (decided July 16, 2024): stay of execution granted (defendant could bring §1983 action for refusal of post-conviction DNA testing, see 606 U.S. ---, June 26)