NAIM
v.
NAIM

U.S. | 1955-11-14
No. 366
350 U.S. 891 Supreme Court of the United States (1955) Caution
Cited by 8 cases
Per_curiam
Per Curiam:

Appeal from the Supreme Court of Appeals of Virginia.

Per Curiam:

The inadequacy of the record as to the relationship of the parties to the Commonwealth of Virginia at the time of the marriage in North Carolina and upon their return to Virginia, and the failure of the parties to bring here all questions relevant to the disposition of the case, prevents the constitutional issue of the validity of the Virginia statute on miscegenation tendered here being considered “in clean-cut and concrete form, unclouded” by such problems. Rescue Army v. Municipal Court, 331 U. S. 549, 584. The judgment is vacated and the case remanded to the Supreme Court of Appeals in order that the case may be returned to the Circuit Court of the City of Portsmouth for action not inconsistent with this opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (U.S. 1995)
    …sed to rule on the constitutionality of antimiscegenation laws; it twice declined to accept appeals from the decree on which the Virginia Supreme Court of Appeals relied in Loving. See Naim v. Naim, 197 Va. 80, 87 S. E. 2d 749, vacated and remanded, 350 U. S. 891 (1955), reinstated and aff’d, 197 Va. 734, 90 S. E. 2d 849, appeal dism’d, 350 U. S. 985 (1956). Naim expressed the state court’s view of the legislative purpose served by the Virginia law: “to preserve the racial integrity of [Virginia’s] citizens”…
  • Washington v. Clemmer, 339 F.2d 715 (D.C. Cir. 1964)
    …654, 7 L.Ed.2d 614 (1962); Go-Bart Importing Co. v. United States, 282 U.S. 344, 352-354, 51 S.Ct. 153, 75 L.Ed. 374 (1931); Wood v. United States, supra Note 2, 75 U.S.App.D.C. at 279-280, 128 F. 2d at 270-271, 141 A.L.R. 1318. . Cf. Naim v. Naim, 350 U.S. 891, 76 S.Ct. 151, 100 L.Ed. 784 (1955). . See Fisher v. United States, 328 U.S. 463, 476, 66 S.Ct. 1318, 90 L.Ed. 1382, 166 A.L.R. 1176 (1946); Griffin v. United States, 336 U.S. 704, 714, 717-718, 69 S. Ct. 814, 93 L.Ed. 993 (1949); Miller v. United…
  • Hunt v. Roth, 648 F.2d 1148 (8th Cir. 1981)
    …61 L.Ed. 722 (1917). This record, however, so far as I know, is devoid of proof on the question, so the proper remedy should be to dismiss the complaint for want of justiciability. A situation similar in some respects was presented in Naim v. Naim, 350 U.S. 891, 76 S.Ct. 151, 100 L.Ed. 784 (1955) (per curiam), where the Supreme Court declined to rule on a federal constitutional question in part because of “the failure of the parties to bring here all questions relevant to the disposition of the case .... ”…

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