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Pressler, Member, U. S. House of Representatives v. Blumenthal, Secretary of the Treasury

Larry Pressler, Member, United States House of Representatives v. W. M. Blumenthal, Secretary of the Treasury

Pressler, Member, U. S. House of Representatives v. Blumenthal, Sec'y of the Treasury, 434 U.S. 1028 (1978)
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Court
Supreme Court of the United States
Decided
January 16, 1978
Docket
No. 77-450
Judges
Rehnquist
Citations
434 U.S. 1028

Opinion of the Court

Appeal from D. C. D. C. Motion of James M. Jef-fords et al. for leave to file a brief as amici curiae granted. Judgment affirmed.

Concurrence — Rehnquist

Mr. Justice Rehnquist,

concurring.

In joining the summary affirmance of the judgment of the District Court in this case, I think it important to point out that such affirmance does not necessarily reflect this Court’s agreement with the conclusion reached by the District Court on the merits of the Ascertainment Clause ques *1029 tion. The District Court decided that appellant did have standing to litigate this issue by virtue of the fact that he was a Member of Congress, but decided the issue against him on the merits. Our “unexplicated affirmance” without opinion could rest as readily on our conclusion that appellant lacked standing to litigate the merits of the question as it could on agreement with the District Court’s resolution of the merits of the question.

Combined text as published — syllabus, headnotes and all opinions in one document

434 U.S. 1028 98 S.Ct. 758 54 L.Ed.2d 776

Larry PRESSLER, Member, United States House of Representatives v. W. M. BLUMENTHAL, Secretary of the Treasury, et al

No. 77-450

Supreme Court of the United States

January 16, 1978

The motion of James M. Jeffords et al. for leave to file a brief, as amici curiae, is granted.

The judgment is affirmed.

Mr. Justice REHNQUIST, concurring.

1

In joining the summary affirmance of the judgment of the District Court in this case, I think it important to point out that such affirmance does not necessarily reflect this Court's agreement with the conclusion reached by the District Court on the merits of the Ascertainment Clause question. The District Court decided that appellant did have standing to litigate this issue by virtue of the fact that he was a Member of Congress, but decided the issue against him on the merits. Our "unexplicated affirmance" without opinion could rest as readily on our conclusion that appellant lacked standing to litigate the merits of the question as it could on agreement with the District Court's resolution of the merits of the question.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1978: 11979: 21984: 11985: 11987: 11988: 11994: 12022: 119782026peak 1979 · 2

Relies on it most ⓘ

  1. Roxanne Delgado v. State of New YorkNo. 83 (N.Y. Nov. 17, 2022)
  2. Senator Barry Goldwater v. James Earl Carter, President of the United States617 F.2d 697 (D.C. Cir. 1979)
  3. Gordon J. Humphrey, Senator v. James A. Baker, Secretary of the Treasury848 F.2d 211 (D.C. Cir. 1988)
  4. Quinn v. Donnewald483 N.E.2d 216 (Ill. 1985)
  5. Humphrey v. Baker665 F. Supp. 23 (D.D.C. 1987)
  6. Moore v. U.S. House of Representatives733 F.2d 946 (D.C. Cir. 1984) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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