Rosenberg v. United States (345 U.S. 989)/Opinion of the Court

Mr. Justice BLACK is of the opinion that the Court should grant a rehearing and a stay pending final disposition of the case. But since a sufficient number do not vote for a rehearing, he is willing to join those who wish to hear argument on the question of a stay.

Mr. Justice DOUGLAS would grant a stay and hear the case on the merits, as he thinks the petition for certiorari and the petition for rehearing present substantial questions. But since the Court has decided not to take the case, 345 U.S. 965, 73 S.Ct. 949, there would be no end served by hearing oral argument on the motion for a stay. For the motion presents no new substantial question not presented by the petition for certiorari and by the petition for rehearing. 345 U.S. 1003, 73 S.Ct. 1151.