Gunn v. University Comm. to End War in Viet Nam (1969)
- Docket
- 7
- Decided
- 1969-01-01
- Category
- General
Summary
Question: Does the Three-Judge Court Act allow direct appeals to the Supreme Court of the United States when the a district court does not specifically grant or deny an injunction? Conclusion: No. Justice Potter Stewart wrote the opinion for the 8-0 majority. The Court held that, since a clear and specific injunction is vital when a federal court is asked to nullify a law enacted by a state, it is also vital for direct Supreme Court jurisdiction under the Three-Judge Court Act. Without a specific order granting or denying an injunction, it is impossible to know with certainty what a district had decided, and thus the Court’s jurisdiction must be narrowly construed. Justice Byron R. White wrote a concurring opinion in which he argued that the opinion of the district court should be considered a declaratory judgment invalidating the Texas statute. While he agreed that the Three-Judge Court Act did not provide jurisdiction, Justice White noted that Gunn was still entitled to have the opinion reviewed by an appellate court. Justice William J. Brennan, Jr. joined the concurrence. Justice Harry A. Blackmun took no part in the decision.