Opinion

Preiser v. Newkirk

  • 422 U.S. 395
  • 95 S. Ct. 2330
  • 45 L. Ed. 2d 272
  • 1975 U.S. LEXIS 75
Court
Supreme Court of the United States
Filed
Jun 25, 1975
Status
Published
Author
Marshall
On the bench
Burger, Marshall, Douglas
Cited by
1,316 cases

explaining that the exercise of judicial power under Article III depends upon the existence of a case or controversy and that federal courts have no power to render advisory opinions or to decide questions that cannot affect the rights of the litigants before them

How later courts described this case

  • explaining that the exercise of judicial power under Article III depends upon the existence of a case or controversy and that federal courts have no power to render advisory opinions or to decide questions that cannot affect the rights of the litigants before them
  • stating that a justiciable dispute involves "real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts"
  • holding that a 8 No. 06-2453 prayer for prospective relief on a claim of unconstitutional transfer was moot because the prisoner had been re- turned to the initial facility with no foreseeable effect on future parole decisions
  • holding that a prayer for prospective relief on a claim of unconstitutional transfer was moot because the prisoner had been returned to the initial facility with no foreseeable effect on future parole decisions

Written by the judges who cited it.

The opinion

Mr. Justice Marshall,

concurring.

I join this opinion only because for some reason respondent did not file this case as a class action. As a result, the State of New York by releasing the other three named plaintiffs, transferring respondent back to Wallkill after the District Court action, and finally to a lesser correctional facility after the Court of Appeals acted, thereby made the case moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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