Supreme Court of the United States, 1937

Ex parte Lévitt

Supreme Court of the United States · Decided October 11, 1937

302 U.S. 633; 58 S. Ct. 1 (United States Reports)

Counsel

Mr. Albert Lévitt, pro se.

Cases that cite this one

56 later published cases cite this decision. The 25 that cite it most often are listed here.

Schlesinger v. Reservists Committee to Stop the War (Supreme Court of the United States 1974)
United States v. Richardson (Supreme Court of the United States 1974)
Alfred D. Schiaffo, in No. 72-2168 v. Henry Helstoski, in No. 72-2167 (3d Cir. 1974)
Lance v. Coffman (Supreme Court of the United States 2007)
Joseph B. Bergen v. B. Avant Edenfield (11th Cir. 1983)
American Jewish Congress v. Cyrus R. Vance (D.C. Cir. 1978)
Doris Jeffries v. Volume Services America, Inc. (D.C. Cir. 2019)
the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School (Tex. App. 2015)
United States v. Alpine Land & Reservoir Co. (District Court, D. Nevada 2011)
CHIATELLO v. City and County of San Francisco (Cal. Ct. App. 2010)
Steel Co. v. Citizens for a Better Environment (Supreme Court of the United States 1998)
United States v. Hays (Supreme Court of the United States 1995)
International Brotherhood of Teamsters v. Peña (D.C. Cir. 1994)
Lujan v. Defenders of Wildlife (Supreme Court of the United States 1992)
Rachel Evans v. James T. Lynn v. The Town of New Castle, Appellee-Intervenor (2d Cir. 1976)
KAUFFMAN v. Osser (Pa. 1970)
State v. Winneshiek Co-Operative Burial Ass'n (Iowa 1944)
Polyweave Packaging, Inc. v. Peter Buttigieg (6th Cir. 2022)
Gill v. Whitford (Supreme Court of the United States 2018)
State ex rel. Alabama Policy Institute (Ala. 2015)
Schwartz Partners Packaging, LLC v. National Labor Relations Board (District Court, District of Columbia 2014)
Snider International Corp. v. Town of Forest Heights (District Court, D. Maryland 2012)
Seven-Sky v. Holder (D.C. Cir. 2011)
Hein v. Freedom From Religion Foundation, Inc. (Supreme Court of the United States 2007)
Bronx Household of Faith v. BOARD OF EDUC., NY (2d Cir. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 this Court.

Per Curiam:

The grounds of this motion are that the .appointment of Mr. Justice Black by the President and the confirmation thereof by the Senate of the United States were null and void by reason of his ineligibility under Article I, Section 6, Clause 2, of the Constitution of the United States, and because there was *634no vacancy for which the appointment could lawfully be made. The motion papers disclose no interest upon the part of the petitioner other than that of a citizen and a member of the bar of this Court. That is insufficient. It is an established principle that 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. Tyler v. Judges, 179 U. S. 405, 406; Southern Ry. Co. v. King, 217 U. S. 524, 534; Newman v. Frizzell, 238 U. S. 537, 549, 550; Fairchild v. Hughes, 258 U. S. 126, 129; Massachusetts v. Mellon, 262 U. S. 447, 488. The motion is denied.

Mr. Albert Lévitt, pro se.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.