home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
The Supreme Court
/
The Supreme Court.iso
/
pc
/
ascii
/
1991
/
91_1841
/
91_1841.za
< prev
next >
Wrap
Text File
|
1992-05-31
|
2KB
|
38 lines
SUPREME COURT OF THE UNITED STATES
In re BOB SLAGLE
on question certified from the united states court
of appeals for the fifth circuit
No. 91-1841. Decided June 1, 1992
The certificate from the United States Court of Appeals
for the Fifth Circuit is dismissed. See Supreme Court Rule
19.3; Wisniewski v. United States, 353 U. S. 901 (1957).
Justice White, with whom Justice Blackmun and
Justice Stevens join, regarding dismissal.
In dismissing the certificate of question from the Court of
Appeals, the Court expresses no opinion whether a petition
for mandamus to compel disqualification of an individual
member of a three-judge court who has denied a motion to
disqualify himself lies in the United States Court of
Appeals or in this Court. I think it evident that the Court
of Appeals has jurisdiction in such a situation. Our cases
have indicated that we narrowly view our appellate
jurisdiction in three-judge court cases pursuant to 28
U. S. C. 1253. See Gonzalez v. Automatic Employees
Credit Union, 419 U. S. 90, 96 (1974). We have thus
declined to review the actions, orders, and rulings of a
single judge sitting on a three-judge court, see id., at 96 n.
14; dismissed an appeal of a temporary restraining order by
a single judge of a three-judge court for want of jurisdiction,
see, e.g., Hicks v. Pleasure House, Inc., 404 U. S. 1 (1971)
(per curiam); and stated that the Court of Appeals is not
powerless to -give any guidance when a single judge has
erroneously invaded the province of a three-judge court,-
Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U. S. 713,
716 (1962) (per curiam). See also Schackman v. Arnebergh,
387 U. S. 427 (1967) (per curiam). In light of these cases,
I think it clear that jurisdiction over a petition for manda-
mus in a case such as this rests in the first instance in the
Court of Appeals.