Sibley v. Breyer

Full title: Montgomery Blair SIBLEY, petitioner, v. Stephen BREYER, Associate Justice…

Court: Supreme Court of the United States

Date published: Oct 29, 2007

552 U.S. 987 (2007)

128 S. Ct. 514

169 L. Ed. 2d 336

76 U.S.L.W. 3223

Opinion

No. 07–6522.

2007-10-29

Montgomery Blair SIBLEY, petitioner, v. Stephen BREYER, Associate Justice, Supreme Court of the United States, et al.

Justice STEVENS

On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Because the Court lacks a quorum, 28 U.S.C. § 1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U.S.C. § 2109, which provides that under these circumstances the Court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided Court.

Justice STEVENS, Justice SCALIA, Justice KENNEDY, Justice SOUTER, Justice THOMAS, Justice GINSBURG, and Justice BREYER took no part in the consideration or decision of this petition.