Goosby v. Osser
Supreme Court of the United States
Goosby et al. v. Osser et al.
Certiorari to the United States Court of Appeals for the Third Circuit
No. 71-6316. Argued: December 6-7, 1972 --- Decided: January 17, 1973
Philadelphia County prisoners unable to make bail or being held on nonbailable offenses brought this class action, asserting the unconstitutionality of Pennsylvania Election Code provisions denying them the right to vote. When the Commonwealth (but not the municipal) officials who were named as defendants conceded the Code provisions' unconstitutionality, the District Judge (deeming the Commonwealth officials the principal defendants) ruled the case nonjusticiable as not involving an Art. III case or controversy, and dismissed the complaint. The Court of Appeals, though differing as to justiciability, affirmed on the ground that petitioners' constitutional claims were wholly insubstantial under McDonald v. Board of Election Comm'rs, 394 U.S. 802, and ruled that a three-judge district court was therefore not required under 28 U.S.C. § 2281.
Held:
- 1. The Commonwealth officials' concession did not foreclose the existence of an Art. III case or controversy since the municipal officials continue to assert the right to enforce the challenged Code provisions. Pp. 516-517.
- 2. McDonald, supra, unlike the situation alleged here, did not deal with an absolute prohibition against voters by the prisoners there involved, and that decision does not "foreclose the subject" of petitioners' challenge to the Pennsylvania statutory scheme. The case may, if appropriate, therefore be heard by a three-judge district curt. Pp. 518-523.
452 F.2d 39, reversed and remanded.
BRENNAN, J., delivered the opinion for a unanimous Court.
Ann S. Torregrossa argued the cause for petitioners pro hac vice. With her on the briefs was Elliot B. Platt.
Peter W. Brown, Deputy Attorney General, argued the cause for respondents Commonwealth of Pennsylvania et al. With him on the brief were J. Shane Creamer, Attorney General, and Thomas J. Oravetz and Edward J. Weintraub, Deputy Attorneys General. John Mattioni argued the cause and filed a brief for municipal respondents.
Briefs of amici curiae urging reversal were filed by Jack Greenberg and Stanley A. Bass for the NAACP Legal Defense and Educational Fund, Inc., et al., and by Samuel Rabinove, Michael von Moschzisker, Wilbur Bourne Ruthrauff, A. Harry Levitan, and Carolyn Temin for the American Jewish Committee et al.