General

Enomoto, Corrections Director, et al. v. Spain et al.

424 U.S. 951·Supreme Court of the United States·1976

with whom Mr. Justice Brennan and Mr. Justice Marshall join,

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Opinion

No. A-719. Enomoto, Corrections Director, et al. v. Spain et al. [The Court issued this order in amended form on March 11, 1976, having substituted the bracketed phrase for “further order of the Court.” See post, p. 959.] [MAJORITY] It is ordered that the application for stay of judgment of the United States District Court for the Northern District of California, dated January 14, 1976, as amended by its order of February 9, 1976, is granted but limited to Items 1, 2, and 4 of said judgment, pending [final disposition of applicants’ appeal from said judgment to the Court of Appeals for the Ninth Circuit]. [DISSENT — Mr. Justice Stevens,] Mr. Justice Stevens, with whom Mr. Justice Brennan and Mr. Justice Marshall join, dissenting. Since I am not persuaded that the applicants have demonstrated a sufficient threat of irreparable injury to justify the exercise of this Court’s power to issue a stay, I would deny the application.