Bowen v. Kendrick, 483 U.S. 1304 (1987)

Bowen v. Kendrick


No. A-99


Decided August 10, 1987
483 U.S. 1304

ON APPLICATION FOR STAY

Syllabus

An application by the Secretary of Health and Human Services to stay a District Court order enjoining the enforcement of parts of the Adolescent Family Life Act on constitutional grounds is granted, pending timely docketing of the Secretary’s appeal and this Court’s ultimate disposition of the case. Given the presumption of constitutionality which attaches to every Act of Congress, it is both likely that the Court will note probable jurisdiction here and appropriate that the statute remain in effect pending such review. Moreover, although the merits of the case are fairly debatable, there is a reasonable prospect that the Court will ultimately reverse the judgment below.