Kent v. United States/Dissent Stewart

by Potter Stewart

United States Supreme Court

383 U.S. 541

Morris A. KENT, Jr., Petitioner,  v.  UNITED STATES.

 Argued: Jan. 19, 1966. --- Decided: March 21, 1966

Mr. Justice STEWART, with whom Mr. Justice BLACK, Mr. Justice HARLAN and Mr. Justice WHITE join, dissenting.

This case involves the construction of a statute applicable only to the District of Columbia. Our general practice is to leave undisturbed decisions of the Court of Appeals for the District of Columbia Circuit concerning the import of legislation governing the affairs of the District. General Motors Corp. v. District of Columbia, 380 U.S. 553, 556, 85 S.Ct. 1156, 14 L.Ed.2d 68. It appears, however, that two cases decided by the Court of Appeals subsequent to its decision in the present case may have considerably modified the court's construction of the statute. Therefore, I would vacate this judgment and remand the case to the Court of Appeals for reconsideration in the light of its subsequent decisions, Watkins v. United States, 119 U.S.App.D.C. 409, 343 F.2d 278, and Black v. United States, 122 U.S.App.D.C. 393, 355 F.2d 104.

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