We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Unconstitutionality of Justice Black.
- Authors
Baude, William
- Abstract
In Ex parte Levitt, the Supreme Court denied standing to a pro se litigant making esoteric claims against the appointment of Justice Hugo Black. The Court’s short opinion is now an unremarkable mainstay of modern federal courts doctrine. But the case merits closer examination. Indeed, Levitt’s challenge was probably meritorious, and Hugo Black’s appointment unconstitutional. Moreover, the Court’s standing analysis was probably wrong—though there might have been other reasons to deny the challenge. And finally, while Justice Black’s opinions may be safe, the case’s aftermath raises intriguing questions about the Supreme Court’s role in politics and constitutional law.
- Subjects
FEDERAL courts; JUSTICE; CONSTITUTIONAL law; APPELLATE courts; POLITICAL science
- Publication
Texas Law Review, 2019, Vol 98, Issue 2, p327
- ISSN
0040-4411
- Publication type
Article