The death of Justice Alan D. Oshrin of State Supreme Court has left the administration of Suffolk's courts in the hands of a temporary replacement, Justice Robert Webster Oliver, and the search for a permanent administrator is shaping up to be a difficult one, court insiders say.
"Your dividing line depends on what's going to happen after the temporary period expires," Justice Stevens told Mr. Berger, adding, "Your test turns entirely on an evaluation of the future".
Some lawmakers had asked for a temporary restraining order, but Justice Doris Ling-Cofan of State Supreme Court in Manhattan yesterday rejected the request.
Opponents scored at least a temporary victory last week when Justice J.J. Jones of state Supreme Court in Riverhead agreed with Lou Marcoccia, a Setauket resident who founded Brookhaven Citizens Against Higher Taxes, that the wording of the ballot proposition was unacceptably vague on whether the buyer, the seller or both were responsible for paying the tax.
Demolition of the block was supposed to begin as early as Aug. 1, but two preservation groups, the Historic Districts Council and the Committee to Save Washington Square, received a temporary restraining order from Justice Robert D. Lippmann of State Supreme Court on July 31, barring the school from making any changes to the property until the matter was considered in court.
When a university lawyer spoke of the importance of classroom diversity, Roberts asked, "What unique perspective does a minority student bring to a physics class?" In the past, when the high court has upheld affirmative action, it did so with the understanding that it was a "temporary" measure, the chief justice said.
The surprising vote by the justices put a temporary freeze on Environmental Protection Agency EPAA) rules cutting carbon emissions from power plants until the Washington DC circuit court of appeals hears challenges from 29, mainly Republican-led states, and dozens of corporations and industry groups.
Shortly after Marshall departed for Philadelphia, the temporary national capital, George Muter and Benjamin Sebastian, both justices of the Kentucky Court of Appeals, published a pamphlet stating that Marshall had perjured himself in a Court of Appeals case between himself and James Wilkinson.
Rienzi urged Justice Sotomayor to keep the temporary injunction in place, and he suggested the justices take up the case to decide the issue this year.
In July 2006, a day after demolition work began, a State Supreme Court justice issued a temporary restraining order halting the work.
