Antitrust case goes to full Court
Supreme Court Justice John Paul Stevens on Wednesday referred to his eight colleagues a request to block an antitrust indictment in the ocean shipping industry. Stolt-Neilsen S.A., a’ Norwegian company, is attempting to stave off criminal charges, contending that the Justice Department has violated an immunity deal
Justice David H. Souter on July 25 turned down the application (06-A-79) to stay and recall a Circuit Court mandate that would allow the Justice Department Antitrust Division to seek an indictment. Stolt-Nielsen then renewed the application with Stevens.
It is not uncommon, after one Justice has denied an in-chambers application, for another Justice asked to act to share it with the full Court. That does not necessarily mean the referring Justice regards it as more meritorious; more often, it means that this will cut off an attempt to continue to go from Justice to Justice with the same plea.
A full description of Stolt-Nielsen’s request to the Court can be found in this post. from July 21.
The Stolt-Neilsen case involves an interesting separation of powers issue. The DOJ is claiming there can be no interference with prosecutorial discretion, citing cases such as U.S. v. Richard Nixon. But that case did not involve the DOJ signing a firm agreement not to prosecute, as this one does. One hopes the Court will find a way to intervene.
Comment by smgprof — August 4, 2006 @ 11:58 am