Ex parte Levitt

302 U.S. 633, 58 S. Ct. 1 (1937)

 

RULE:

To entitle a private individual to invoke the judicial power to determine the validity of executive or legislative action he must show that he has sustained or is immediately in danger of sustaining a direct injury as the result of that action and it is not sufficient that he has merely a general interest common to all members of the public.

FACTS:

This is a Motion for leave to file a petition for an order requiring Mr. Justice Black to show cause why he should be permitted to serve as an Associate Justice of the United States Supreme Court. The appointment of the said Justice is being opposed by reason of ineligibility under Article I, Section 6, Clause 2, of the Constitution of the United States.  Petitioner’s only interest in the case is that he is a citizen and a member of the bar.

ISSUE:

Whether petitioner’s citizenship and membership in the bar gives him sufficient legal standing to question the appointment of an Associate Justice, Hugo Lafayette Black, of the United States Supreme Court.

ANSWER:

No.

CONCLUSION:

The court denied the motion stating that petitioner interest in the case other than that of a citizen and a member of the bar of this Court are insufficient. To entitle a private individual to invoke the judicial power to determine the validity of executive or legislative action he must show that he has sustained or is immediately in danger of sustaining a direct injury as the result of that action and it is not sufficient that he has merely a general interest common to all members of the public.

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