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.