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Standards for Granting and Vacating Stays

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The US Supreme Court today denied an application to vacate a stay issued by USCA5 in Planned Parenthood v. Abbott, No. 13A452. The decision of the Court is one sentence, but Justice Scalia wrote a concurring opinion, joined by Justices Thomas and Alito, and Justice Breyer wrote a dissent, joined by Justices Ginsburg, Sotomayor, and Kagan.

CJLF takes no position on the underlying question, the Texas abortion law.  I note the case here for the material it provides regarding granting and vacating stays.  Our readers who work on capital cases may find it useful.

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