Sublime

Fortas felt confident that the jurisdictional grounds would persuade a single Supreme Court Justice—particularly the Justice with administrative responsibility for the Fifth Circuit, Hugo Black—to do what a single Circuit Court judge would not: grant their plea for a stay of the injunction and thereby allow Johnson’s name to go on the ballot. Getti

"serves as a catalyst, not a usurper, of the legislative process"

In the trial of Samuel Chase, the principle had been proven. The Senate had been created to be independent, to stand against the tyranny of presidential power and the tides of public opinion. It had stood.

the "least dangerous" branch can do little more than point out how actions have fallen short of constitutional or legislative requirements and hope that appropriate action is taken.

Summoning the attorneys back to his chambers that same evening, however, Hutcheson handed down his decision—the decision Fortas had forecast. Had Johnson’s attorneys asked “that something affirmative be done,” the matter would be more complicated, Hutcheson said, but “if you merely ask that” the injunction be stayed, “I can’t do it. I am only one i