Pressler v. Blumenthal, 77-450

Decision Date16 January 1978
Docket NumberNo. 77-450,77-450
Citation98 S.Ct. 758,54 L.Ed.2d 776,434 U.S. 1028
PartiesLarry PRESSLER, Member, United States House of Representatives v. W. M. BLUMENTHAL, Secretary of the Treasury, et al
CourtU.S. Supreme Court

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.

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- 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.

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31 cases
  • Moore v. U.S. House of Representatives
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 4, 1984
    ...that only by implication, since it proceeded directly to the merits. The Court's summary affirmance of Pressler v. Blumenthal, 434 U.S. 1028, 98 S.Ct. 758, 54 L.Ed.2d 776 (1978), could, as Justice Rehnquist's concurrence noted, "rest as readily on our conclusion that appellant lacked standi......
  • Goldwater v. Carter
    • United States
    • U.S. District Court — District of Columbia
    • October 17, 1979
    ...See also Pressler v. Simon, 428 F.Supp. 302, 304 (D.D.C.1976) (three judge court), aff'd mem. sub nom. Pressler v. Blumenthal, 434 U.S. 1028, 98 S.Ct. 758, 54 L.Ed.2d 776 (1978). 20 In each of the four instances where Presidents have initiated the termination process and then requested auth......
  • Goldwater v. Carter
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • December 13, 1979
    ...was the most efficient disposition. In Pressler v. Simon, 428 F.Supp. 302 (D.D.C.1976), aff'd mem. sub nom. Pressler v. Blumenthal, 434 U.S. 1028, 98 S.Ct. 758, 54 L.Ed.2d 776 (1978), a three-judge court granted a congressman standing on the basis of alleged impairment of future voting righ......
  • Delgado v. State
    • United States
    • New York Court of Appeals Court of Appeals
    • November 17, 2022
    ...I, § 6), is helpful on this question.( Pressler v. Simon, 428 F. Supp. 302 [D.D.C. 1976], affd sub nom Pressler v. Blumenthal, 434 U.S. 1028, 98 S.Ct. 758, 54 L.Ed.2d 776 [1978] ) involved challenges both to a 1967 statute that authorized the creation of a quadrennial commission to make rec......
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