Withrow v. Larkin

LOCATION:Silver Bridge, Point Pleasant, West Virginia

DOCKET NO.: 73-1573
DECIDED BY: Burger Court (1972-1975)

CITATION: 421 US 35 (1975)
ARGUED: Dec 18, 1974
DECIDED: Apr 16, 1975

Betty R. Brown – for appellants
Robert H. Friebert – for appellee

Facts of the case


Media for Withrow v. Larkin

Audio Transcription for Oral Argument – December 18, 1974 in Withrow v. Larkin

Audio Transcription for Opinion Announcement – April 16, 1975 in Withrow v. Larkin

Warren E. Burger:

The judgment and opinion of the Court in No. 73-1573, Withrow against Larkin will be announced by Mr. Justice White.

Byron R. White:

A statute of the State of Wisconsin empowers a State Examining Board to license physicians and to investigate charges of professional misconduct and to revoke and suspend licenses.

When proceedings were instituted against appellee, he resorted to the federal court and brought this suit.

He claimed that the statute of the State of Wisconsin invalid because of among other things the board was empowered both to investigate and to adjudicate.

And he claimed that this violated Due Process Clause.

The District Court entered a preliminary injunction on the grounds that the appellee faced irreparable injury and that he would very likely succeed with his suit.

The state appealed and for the reasons we given in the opinion at some length, we unanimously reverse.

In our view, appellee is not likely to succeed on the constitutional grounds he alleged combining investigative and adjudicating functions is not per se unconstitutional and it is not unconstitutional in the circumstances of this case.

The judgment is reversed.

Warren E. Burger:

Thank you Mr. Justice White.