SUPREME COURT OF THE UNITED STATES-----------------No. 00A145-----------------UNITED STATES v. OAKLAND CANNABIS BUYERS'COOPERATIVE ET AL.ON APPLICATION FOR STAY[August 29, 2000] The application for stay presented to JUSTICE O'CONNORand by her referred to the Court is granted as to the ordergranting the motion to modify the injunction, and as toparagraph 6 of the amended preliminary injunction, bothentered by the United States District Court for the North-ern District of California, Case No. 98-0088 CRB, on July17, 2000. The stay shall be in effect pending final disposi-tion of the appeal by the United States Court of Appealsfor the Ninth Circuit and further order of this Court. JUSTICE STEVENS, dissenting. When faced with an application of this kind, we arerequired to engage in the speculative task of balancing the"stay equities," INS v. Legalization Assistance Project of LosAngeles County Federation of Labor, 510 U. S. 1301, 1304(1993) (O'CONNOR, J., in chambers); see also Weinberger v.Romero-Barcelo, 456 U. S. 305, 322 (1982) (STEVENS, J.,dissenting) ("Unless Congress specifically commands aparticular form of relief, the question of remedy remainssubject to a court's equitable discretion."). Because theapplicant in this case has failed to demonstrate that thedenial of necessary medicine to seriously ill and dying pa-tients will advance the public interest or that the failure toenjoin the distribution of such medicine will impair theorderly enforcement of federal criminal statutes, whereasrespondents have demonstrated that the entry of a stay will [page 2]cause them irreparable harm, I am persuaded that a fairassessment of that balance favors a denial of the extra-ordinary relief that the government seeks. I respectfullydissent. JUSTICE BREYER took no part in the consideration ordecision of this application.
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