LOCATION: The White House
DOCKET NO.: 72-955
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Seventh Circuit
CITATION: 414 US 514 (1974)
ARGUED: Oct 17, 1973
DECIDED: Jan 15, 1974
Alan M. Wiseman - for respondents
James B. Zagel - for petitioner
Facts of the case
Media for Spomer v. LittletonAudio Transcription for Oral Argument - October 17, 1973 in Spomer v. Littleton
Audio Transcription for Opinion Announcement - January 15, 1974 in Spomer v. Littleton
Byron R. White:
In the Spomer case, it appears that after the judgment of the Court of Appeals was filed, the prosecuting attorney named in the complaint was succeeded by another as a result of the 1972 elections.
We accordingly vacate the judgment and amend the case to the Court of Appeals to determine in the light of this fact whether there’s still a live controversy in this case.
In the O'Shea case, Mr. Justice Blackmun has filed an opinion concurring in the judgment and in part one of the court’s opinion.
Mr. Justice Douglas has filed a dissenting opinion, in which Justices Brennan and Marshall have joined.
Warren E. Burger:
Thank you, Mr. Justice White.