According to SCOTUS Blog, the Supreme Court today lifted the stay postponing the sale of ‘zombie’ Chrysler (h/t AoSHQ). I am sure there will be all sorts of rumbings and grumblings about this, especially among conservatives opposed to the sale. Before the rumblings get too loud, I would like to make a couple points.
First, this was a unanimous decision. That means conservative-stalwart Scalia and strictest-of-strict-constructionists Thomas did not object to the lifting of the stay. It is possible there was some internal politics involved, but on a big case like this I think it is far more likely that they simply did not see any merit in the stay application. Unanimous action by the Court, especially on big cases, is not the norm, so it is probably safe to say that this decision was pretty cut and dry.
My second, and related, point is that a stay is an unusual creature in the law. Courts very rarely act preemptively, which is what the creditors were asking the Court to do — and it is even more rare for the Supreme Court to do so. There are a lot of reasons for that, but most of them are addressed by one of the prerequisites for a stay in federal (and most, if not all, state) courts: irreparable harm. In order for a court to act preemptively, it requires that the party requesting the action show that it will be irreparably harmed if the court does not step in. A lot of people — including lawyers — tend to think that any ‘harm’ ought to qualify, but it does not. The easy rule of thumb is that if the court can sort things out after the fact and order one side to cough up money to the other (or otherwise ‘make them whole’) then harm is not irreparable.
Here, where the issues boil down to arguments over who gets how much money out of Chrysler (even, ultimately, the constitutional issues), I cannot imagine a court finding irreparable harm. On top of that, the Court went out of its way to avoid in any manner giving its blessing to the sale itself. If — or more likely, when — this ends up back on the Court’s docket, that is when the issues will be addressed and sparks will fly. The initial stay was meaningless, and there is no reason to get excited about the Court lifting it.
News info…
I was reading the news and I saw this really cool topic…
Informative and precise…
Its hard to find informative and precise information but here I found…
Tumblr article…
I saw someone talking about this on Tumblr and it linked to…
Digg…
While checking out DIGG yesterday I noticed this…
News info…
I was reading the news and I saw this really cool topic…
Great website…
[...]very intersting website, on an edu blog[...]…
Xbox 720 new’s and information…
[....]Thanks for taking the time to come and make sure we’re linking to your site! This message is only visible by you, the owner of[....]…
Yahoo results…
While browsing Yahoo I found this page in the results and I didn’t think it fit…
Tumblr article…
I saw someone writing about this on Tumblr and it linked to…
Yahoo results…
While searching Yahoo I discovered this page in the results and I didn’t think it fit…
Just Browsing…
While I was browsing yesterday I noticed a great post concerning…
Digg…
While checking out DIGG today I noticed this…
Informative and precise…
Its hard to find informative and accurate information but here I found…
Yahoo results…
While searching Yahoo I discovered this page in the results and I didn’t think it fit…
What site to read this year…
[...]very intersting website, on an blog about[...]…
Just Browsing…
While I was browsing today I noticed a excellent article concerning…
Dreary Day…
It was a dreary day here today, so I just took to messing around on the internet and found…
News info…
I was reading the news and I saw this really interesting information…
Just Browsing…
While I was browsing today I saw a great article about…
Tumblr article…
I saw someone talking about this on Tumblr and it linked to…
Tumblr article…
I saw someone talking about this on Tumblr and it linked to…
Tumblr article…
I saw someone writing about this on Tumblr and it linked to…
Tumblr article…
I saw a writer writing about this on Tumblr and it linked to…
Digg…
While checking out DIGG yesterday I found this…
Tumblr article…
I saw a writer writing about this on Tumblr and it linked to…
Looking around…
I like to look in various places on the internet, often I will just go to Stumble Upon and follow thru…
Digg…
While checking out DIGG today I found this…
Wikia…
Wika linked to this place…
Its hard to find good help…
I am regularly saying that its hard to find quality help, but here is…
warts treatment…
[...]Buy Wartrol warts on penis[...]…
Its hard to find good help…
I am forever proclaiming that its hard to find quality help, but here is…
News info…
I was reading the news and I saw this really interesting info…
Links…
[...]Sites of interest we have a link to[...]……
Check this out…
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]……
Sources…
[...]check below, are some totally unrelated websites to ours, however, they are most trustworthy sources that we use[...]……
Yahoo results…
While searching Yahoo I found this page in the results and I didn’t think it fit…
Tumblr article…
I saw someone talking about this on Tumblr and it linked to…
Yep….
I couldn’t have said it better myself……
Its hard to find good help…
I am regularly saying that its difficult to procure good help, but here is…
Kamasz…
[...]below you’ll find the link to some sites that we think you should visit[...]…
Wikia…
Wika linked to this site…
Recent Blogroll Additions……
[...]usually posts some very interesting stuff like this. If you’re new to this site[...]……
Looking around…
I like to browse around the online world, regularly I will just go to Stumble Upon and follow thru…
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
Visitor recommendations…
[...]one of our visitors recently recommended the following website[...]……
Digg…
While checking out DIGG yesterday I noticed this…
Sources…
[...]check below, are some totally unrelated websites to ours, however, they are most trustworthy sources that we use[...]……
Informative and precise…
Its difficult to find informative and precise info but here I noted…
Great website…
[...]we like to honor many other internet sites on the web, even if they aren’t linked to us, by linking to them. Under are some webpages worth checking out[...]……
Just Browsing…
While I was browsing yesterday I noticed a excellent post concerning…