DOCKET NO.: 74-6212
DECIDED BY: Burger Court (1975-1981)
CITATION: 427 US 524 (1976)
ARGUED: Jan 13, 1976
DECIDED: Jun 29, 1976
C. Christopher Brown – for appellant
Keith A. Jones – for appellee
Media for Norton v. Mathews
Audio Transcription for Opinion Announcement – June 29, 1976 in Norton v. Mathews
Harry A. Blackmun:
The third case 64-6212 Norton v. Mathews in its way is a companion case to Mathews against Mathews against Lucas just announced.
It comes to us from a decision of a three-judge federal court for the District of Maryland.
The issue on the merits is the same as in the Lucas case, this however is a class action.
Injunctive relief and the three-judge district court were requested and that court was convened.
It affirmed the statutory ruling of the single judge and ruled in favor of the secretary on a constitutional claim.
A summary judgment was thus granted for the secretary.
The case however contains a jurisdictional question as to whether a three-judge court was properly convened when injunctive relief was requested.
And thus whether this court has jurisdiction over a direct appeal under a certain statute, and we need not go into the detail as to this, where we hold that since the decision today in the Lucas case, renders the merits of the present one, a decided issue in favor of the appellee and thus one no longer substantial in the jurisdictional sense.
It is unnecessary to decide the jurisdictional question.
And the judgment of the district court therefore is affirmed.
Mr. Justice Stevens has filed a dissenting opinion and is joined in that opinion by Mr. Justice Brennan and Mr. Justice Marshall.
Warren E. Burger:
Thank you Mr. Justice White.