Wilson v. Schnettler/Concurrence Stewart

Mr. Justice STEWART, concurring.

I could not base affirmance of the judgment upon the ground that the petitioner's motion was technically deficient in failing to recite the talismanic phrase 'without probable cause.' Nor do I think the District Court lacked power to issue the requested injunction, either by reason of 28 U.S.C. § 2283, 28 U.S.C.A. § 2283, or the rule formulated in Harkrader v. Wadley, 172 U.S. 148, 164, 19 S.Ct. 119, 125, 43 L.Ed. 399. It seems to me that Rea v. United States, 350 U.S. 214, 76 S.Ct. 292, 100 L.Ed. 233, established that District Courts do have such power.

But I join in affirming the judgment. The petitioner has failed to state a case warranting equitable relief under the standards of Stefanelli v. Minard, 342 U.S. 117, 122, 72 S.Ct. 118, 121, 96 L.Ed. 138, and Douglas v. City of Jeannette, Pa., 319 U.S. 157, 163, 63 S.Ct. 877, 881, 87 L.Ed. 1324. As the Court's opinion points out, the factors which justified the issuance of an injunction in Rea are not present here.

Mr. Justice DOUGLAS, with whom THE CHIEF JUSTICE and Mr. Justice BRENNAN concur, dissenting.