Pennsylvania v. Bruder

Justice Marshall,

dissenting.

1 agree with Justice Stevens that the Court should not disturb the decision of the court below, and accordingly I join his dissent. I write separately to note my continuing belief that it is unfair to litigants and damaging to the integrity and accuracy of this Court’s decisions to reverse a decision summarily without the benefit of full briefing on the merits of *12the question decided. Rhodes v. Stewart, ante, p. 1 (Marshall, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269 (1988) (Marshall, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7 (1987) (Marshall, J., dissenting). I therefore dissent from the Court’s decision today to reverse summarily the decision below.