Supreme Court of the United States
Conkright v. Frommert
April 30, 2009556 U.S. 1401
Summary
The Circuit Justice denied the applicants' renewed request to stay the mandate of the court of appeals while they sought certiorari. Although the Court's request for the Solicitor General's views increased the likelihood that certiorari might be granted, it did not establish entitlement to a stay because the applicants still failed to show irreparable harm or satisfy the remaining stay criteria. The opinion concluded that possible difficulty recouping payments did not constitute irreparable harm, particularly because the applicants did not show that recoupment would be impossible or that the pension plan would be jeopardized.
Holding
- Whether the request for the Solicitor General's views justified a stay of the court of appeals' mandate.. A request for the Solicitor General's views may be relevant to the likelihood that certiorari will be granted, but it is not dispositive; a stay remains unwarranted when the applicant does not independently satisfy the other stay criteria, including irreparable harm.
Docket No. 08A884 (08-810)
Cited by
- Parker v. Tenneco Inc
- Anne Arundel County, Maryland v. BP P.L.C.
- Felten v. William Beaumont Hospitals
- United States of America ex rel. Melvin A. Newman v. Dave Rednour
- Cook County, Illinois v. Chad F. Wolf
- Cook County, Illinois v. Chad F. Wolf
- William A. Graham Company D/b/a the Graham Company v. Thomas P. Haughey
- Ross v. National Urban League