PRESSLER, MEMBER, U. S. HOUSE OF REPRESENTATIVES
v.
BLUMENTHAL, SECRETARY OF THE TREASURY, ET AL.

U.S. | 1978-01-16
No. 77-450
434 U.S. 1028 Supreme Court of the United States (1978) Positive Treatment
Cited by 8 cases

Concurrence
Mr. Justice Rehnquist,

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 question . 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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Moore v. U.S. House OF Representatives, 733 F.2d 946 (D.C. Cir. 1984)
    …me Court's disposition of Goldwater v. Carter, supra, only the dissent of Justice Brennan reached the standing issue — and 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 standing to litigate the merits of the question as it could on agreement with the District Court’s resolu…
  • Senator Barry Goldwater v. Carter, 617 F.2d 697 (D.C. Cir. 1979)
    …nding issue at all, since, under constraints peculiar to that case, rejection of the plaintiffs’ claim on the merits 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 rights. But the Supreme Court’s summary affirmance of the three-judge court’s rejection of the plaintiff’s c…
    1 / 2
  • Reuss v. Balles, 584 F.2d 461 (D.C. Cir. 1978)
    …, which, to a significant degree, was based upon the now-questionable Mitchell “bear upon” standard. 360 F.Supp. at 1366. In Pressler v. Simon, 428 F.Supp. 302 (D.D.C.1976) (three-judge court) (per curiam), affd mem. sub nom. Pressler v. Blumenthal, 434 U.S. 1028, 98 S.Ct. 758, 54 L.Ed.2d 776 (1978), a congressman prevented by application of federal statutes from voting on the ascertainment of congressional salaries, a legislative duty mandated by the Ascertainment Clause, was held to have standing to sue be…

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