July 20 Califano v. McRae, 434 U.S. 1301 (decided July 20, 1977): Marshall turns down request to stay Court’s previous order allowing Medicaid abortion ban to go into effect; movants were in effect rearguing two recent Court decisions allowing states to have their own bans on public funding for abortions (Marshall dissented in those cases) Hedrick v. Kelly, 548 U.S. 928 (decided July 20, 2006): Denying stay of execution (Stevens and Ginsburg would grant the stay); Fourth Circ

Rostker v. Goldberg, 448 U.S. 1306 (decided July 19, 1980): Does the draft (applicable to males only) discriminate? The District Court said yes and enjoined enforcement. Here, Brennan grants a stay of that order (as to males born in 1960 and 1961), noting likelihood of cert. As it turned out, cert was granted and Court upheld males-only draft, with Rehnquist’s opining that males and females were not “similarly situated”, 453 U.S. 57 (1981). (For years it was obvious that

Hamblen v. Dugger, 492 U.S. 929 (decided July 18, 1989): Staying execution pending decision on certiorari, with the stay to dissolve if cert was denied. Cert was denied on 6/28/90, 497 U.S. 1031, with Brennan and Marshall as usual dissenting, “adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments”. For some reason execution did not happen then; it happened the day after another ap

Rubin v. United States, 524 U.S. 1301 (decided July 17, 1998): Rehnquist denies motion to stay subpoenas for testimony of Secret Service officers as to what they overheard Clinton say in regard to the matters Kenneth Starr was investigating; Rehnquist concedes that “confidentiality” and “the physical safety of the President” are implicated, and assumes for the purpose of the motion that cert would be granted, but then denies the application on the grounds that the Circuit Cou