O'Brien v. Brown
Supreme Court of the United States
O'Brien et al. v. Brown et al.
On Petition for Writ of Certiorari to the United States Court of Appeals for the District of Columbia and On Application for Stay
No. 72-34 and A-23. Argued: N/A --- Decided: July 7, 1972.[1]
On July 3, 1972, delegates from California and Illinois brought suits in District Court contesting their unseating, recommended by the Democratic Party's Credentials Committee, in the 1972 Democratic National Convention, scheduled to convene July 10. The District Court dismissed both actions. On July 5, the Court of Appeals reversed both decisions, granting relief to the California delegates, and denying relief to the Illinois delegates.
Held: In view of the probability that the Court of Appeals erred in deciding the cases on the merits and in view of the traditional right of a political convention to review and act upon the recommendations of a Credentials Committee, the judgments of the Court of Appeals must be stayed. The important constitutional issues cannot be resolved within the limited time available, and no action is now taken on the petitions for certiorari.
See: 152 U.S. App. D.C. 157, 469 F.2d 563.
PER CURIAM.
Notes
[edit]- ↑ Together with Nos. 72-35 and A-24, Keane et al. v. National Democratic Party et al., on petition for writ of certiorari and on application for stay to the same court.