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Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983)
Hawaii Housing Authority v. Midkiff No. A-113 Decided September 2, 1983 463 U.S. 1323
ON APPLICATION FOR STAY
Syllabus
An application to stay an order of the Court of Appeals -- which, after holding the condemnation provisions of the Hawaii Land Reform Act unconstitutional, later entered the challenged order that recalled its mandate for clarification and, pending such clarification, enjoined applicants, the Hawaii Housing Authority and its commissioners and executive director, from pursuing or initiating any state administrative or judicial proceedings under the Act -- is denied. Although a notice of appeal to this Court was filed with the Court of Appeals before it issued the order, a court retains the power to grant injunctive relief to a party to preserve the status quo during the pendency of an appeal, and the record does not show that the Court of Appeals abused its power in recalling its mandate. While the order does not contain findings such as those contemplated by Federal Rule of Civil Procedure 65, a stay based on such ground would be inappropriate at the present time, since the Court of Appeals contemplates possible modification of its injunction in the near future. And because of the unique interlocutory posture of the case at present, it would also be inappropriate to stay the order on the asserted ground that the injunction against further state proceedings violates principles of federalism; the order is not demonstrably wrong, and the Court of Appeals itself may revise its order shortly.
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Chicago: U.S. Supreme Court, "Syllabus," Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983) in 463 U.S. 1323 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=EKI8QYSBL2JNTFU.
MLA: U.S. Supreme Court. "Syllabus." Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983), in 463 U.S. 1323, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EKI8QYSBL2JNTFU.
Harvard: U.S. Supreme Court, 'Syllabus' in Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983). cited in 1983, 463 U.S. 1323. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=EKI8QYSBL2JNTFU.
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