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United States Supreme Court


Argued: Decided: August 29, 1970

Application for a restraining order.

Mr. Justice DOUGLAS, Circuit Justice.

Under Dombrowski Pfister, 380 U.S. 479 , 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.[ Dexter v. Schrunk 400 U.S. 1207 (1970) ]

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