TaiLexi AI U.S. Case Law

Socialist Workers Party v. Attorney General of the United States

Socialist Workers Party v. Attorney Gen. of the United States, 444 U.S. 903 (1979)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
October 9, 1979
Docket
No. 78-1702
Judges
Brennan, Certiorari, White
Citations
444 U.S. 903100 S. Ct. 217

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

C. A. 2d Cir. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari.

Dissent — White

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Justice White,

dissenting.

In 1973, petitioners instituted a civil action against the United States and various federal officials. Petitioners alleged that for over 40 years the Federal Bureau of Investigation had conducted a systematic, covert campaign to disrupt the lawful activities of petitioner organizations. Pretrial discovery revealed that more than 1,300 unidentified informers had provided the FBI with information concerning petitioners. Petitioners sought production of FBI files concerning the informers, and the FBI resisted with a claim of informer privilege. After conducting an in camera review of FBI files concerning 19 representative informers, the District Court ordered the FBI to produce 18 of the files for inspection by petitioners’ attorneys.

The United States sought review of the discovery order by means of appeal and mandamus pursuant to 28 U. S. C. §§ 1291 and 1651. Review was denied by the Court of Appeals for the Second Circuit, which held that the discovery *904 order was not appealable and that mandamus was inappropriate. In re United States, 565 F. 2d 19 (1977). A petition by the United States for certiorari was denied, with three Justices dissenting. Bell v. Socialist Workers Party, 436 U. S. 962 (1978) (Burger, C. J., and White and Powell, JJ., dissenting).

The Attorney General then refused to comply with the discovery order, and the District Court adjudged him in civil contempt. The Attorney General appealed the contempt order and sought mandamus in the Court of Appeals. The Court of Appeals dismissed the appeal, holding thai a civil contempt order is not appealable under 28 U. S. C. § 1291 . The court nevertheless granted a writ of mandamus, vacated the contempt order, and directed the District Court to consider alternative sanctions against the Attorney General. In re Attorney General of United States, 596 F. 2d 58 (1979).

I would grant the petition for certiorari in this case because the decision of the Court of Appeals that mandamus was appropriate is arguably contrary to the prior decisions of this Court. Will v. Calvert Fire Ins. Co., 437 U. S. 655 (1978); Kerr v. United States District Court, 426 U. S. 394 (1976). I also believe that this case raises a substantial question concerning the appealability of a civil judgment for disobedience of a discovery order that is not itself appealable. Cf. United States v. Ryan, 402 U. S. 530, 532 (1971).

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 38 cases

View all citing references →
1979: 11980: 11981: 61982: 51984: 41985: 11986: 41987: 21989: 31991: 11992: 11993: 21994: 31995: 11996: 12003: 12014: 119792026peak 1981 · 6

Most recent

  1. Raimey v. Wright National Flood Insurance76 F. Supp. 3d 452 (E.D.N.Y. 2014)
  2. United States v. Koubriti305 F. Supp. 2d 723 (E.D. Mich. 2003)
  3. In re David A. Kessler, M.D.100 F.3d 1015 (D.C. Cir. 1996)
  4. Bennett v. Commonwealth of MA54 F.3d 18 (1st Cir. 1995)
  5. Simmons v. City Of Racine37 F.3d 325 (7th Cir. 1994)
  6. United States v. Dean S. Vlahos and U.S. Sales Corporation, Doing Business as Data Resources Systems, in the Matter of United States of America33 F.3d 758 (7th Cir. 1994)

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 6

DepthCaseCited by
Kerr v. United States Dist. Court for Northern Dist. of Cal., 426 U.S. 394 (1976) 2,642
United States v. Ryan, 402 U.S. 530 (1971) 523
Will v. Calvert Fire Ins., 437 U.S. 655 (1978) 412
the Attorney Gen. of the United States, Socialist Workers Party v. The Attorney Gen., 596 F.2d 58 (2d Cir. 1979) 86
United States, Socialist Workers Party v. The Attorney Gen., 565 F.2d 19 (2d Cir. 1977) 72
Bell v. Socialist Workers Party, 436 U.S. 962 (1978) 9

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list