Clinton v. Jones, 520 U.S. 681, 9 (1997)

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Cite as: 520 U. S. 681 (1997)

Opinion of the Court

death of a party. Id., at 1363-1364. Moreover, he argued that in civil rights cases brought under § 1983 there is a "public interest in an ordinary citizen's timely vindication of . . . her most fundamental right against alleged abuse of power by government officials." Id., at 1365. In his view, the dissent's concern about judicial interference with the functioning of the Presidency was "greatly overstated." Ibid. Neither the involvement of prior Presidents in litigation, either as parties or as witnesses, nor the character of this "relatively uncomplicated civil litigation," indicated that the threat was serious. Id., at 1365-1366. Finally, he saw "no basis for staying discovery or trial of the claims against Trooper Ferguson." Id., at 1366.8

III

The President, represented by private counsel, filed a petition for certiorari. The Acting Solicitor General, representing the United States, supported the petition, arguing that the decision of the Court of Appeals was "fundamentally mistaken" and created "serious risks for the institution of the Presidency." 9 In her brief in opposition to certiorari, respondent argued that this "one-of-a-kind case is singularly inappropriate" for the exercise of our certiorari jurisdiction because it did not create any conflict among the Courts of Appeals, it "does not pose any conceivable threat to the functioning of the Executive Branch," and there is no precedent supporting the President's position.10

While our decision to grant the petition, 518 U. S. 1016 (1996), expressed no judgment concerning the merits of the case, it does reflect our appraisal of its importance. The

8 Over the dissent of Judge McMillian, the Court of Appeals denied a suggestion for rehearing en banc. 81 F. 3d 78 (CA8 1996).

9 Brief for United States in Support of Petition 5.

10 Brief in Opposition 8, 10, 23.

689

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