Dexter v. Schrunk/Opinion of the Court
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Under Dombrowski Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22, applicants make out a strong case for federal protection of their First Amendment rights. But Dombrowski, a five-to-two decision decided in 1965, is up for reexamination in cases set for reargument this fall. If the present case were before the Conference, I am confident it would be held pending the cases to be reargued. Hence, as Circuit Justice, I do not feel warranted in taking action contrary to what I feel the Conference would do. Accordingly, I deny the restraining order requested.
Notes[edit]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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