CLIFT
v.
KANSAS

U.S. | 1969-11-10
No. 115
396 U.S. 910 Supreme Court of the United States (1969) Positive Treatment
Cited by 5 cases

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  • …owers can be decided only by considering the powers Congress specifically granted it in the light of the statutory language and background. See Textile and Apparel Group v. FTC, 133 U.S.App.D.C. 353, 356-357, 410 F. 2d 1052, 1055-1056, cert. denied, 396 U.S. 910, 90 S.Ct. 223, 24 L.Ed.2d 185 (1969). The question to be answered is “not what the [Commission] thinks it should do but what Congress has said it can do.” CAB v. Delta Air Lines, 367 U.S. 316, 322, 81 S.Ct. 1611, 1617, 6 L.Ed. 869 (1961). As alwa…
  • Cont'l AIR Lines, Inc. v. Civil Aeronautics Bd., 522 F.2d 107 (D.C. Cir. 1974)
    …it would not relicense broadcasters entering certain kinds of contracts held ripe in part because it might cause “wholesale cancellation” of such contracts); Textile and Apparel Group v. FTC, 133 U.S.App.D.C. 353, 410 F. 2d 1052, 1054, cert. denied, 396 U.S. 910, 90 S.Ct. 223, 24 L.Ed.2d 185 (1969) (FTC rule regarding inspection of imported wool held ripe before enforcement in part because it would “wreak havoc” with delivery schedules). . Order 73-6-7, J.A. 321. . Br. Intervenors United Airlines and Delt…
  • Bankers Life & Cas. Co. v. Callaway, 530 F.2d 625 (5th Cir. 1976)
    …9, 24 L.Ed.2d 340; Citizens Comm, for the Hudson Valley v. Volpe, 2 Cir., 425 F. 2d 97, cert. denied, 1970, 400 U.S. 949, 91 S.Ct. 237, 27 L.Ed.2d 256; Textile and Apparel Group v. FTC, 133 U.S.App.D.C. 353, 410 F. 2d 1052, 1054, cert. denied, 1969, 396 U.S. 910, 90 S.Ct. 223, 24 L.Ed.2d 185. If the statute does not preclude review, the court must consider whether the controversy is “ripe” for judicial resolution. This determination contains two aspects: the fitness of the issues for judicial decision, and…

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