POWELL v. McCORMACK

No. 138.

395 U.S. 486 (1969)

POWELL ET AL. v. McCORMACK, SPEAKER OF THE HOUSE OF REPRESENTATIVES, ET AL.

Supreme Court of United States.

Decided June 16, 1969.


Attorney(s) appearing for the Case

Arthur Kinoy and Herbert O. Reid argued the cause for petitioners. With them on the brief were Robert L. Carter, Hubert T. Delany, William Kunstler, Frank D. Reeves, and Henry R. Williams.

Bruce Bromley argued the cause for respondents. With him on the brief were John R. Hupper, Thomas D. Barr, Lloyd N. Cutler, John H. Pickering, Louis F. Oberdorfer, and Max O. Truitt, Jr.


MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

In November 1966, petitioner Adam Clayton Powell, Jr., was duly elected from the 18th Congressional District of New York to serve in the United States House of Representatives for the 90th Congress. However, pursuant to a House resolution, he was not permitted to take his seat. Powell (and some of the voters of his district) then filed suit in Federal District Court...

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