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Sec v. Medical Committee for Human Rights, 404 U.S. 403 (1972)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sec v. Medical Committee for Human Rights, 404 U.S. 403 (1972)
Securities and Exchange Commission v. Medical Committee for Human Rights No. 70-61 Argued November 10, 1971 Decided January 10, 1972 404 U.S. 403
CERTIORARI TO THE UNITED STATE COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
The Court of Appeals, overruling the contentions of the Securities and Exchange Commission (SEC), held that it had jurisdiction to review the SEC’s "extremely dubious" determination not to oppose the Dow Chemical Co.’s refusal of respondent shareholder’s request to include its proposal for a corporate charter amendment in Dow’s proxy statement. Thereafter, Dow acquiesced in the request, and, at its annual meeting, less than 3% of the voting stockholders supported the respondent’s proposal, as a result of which the company, under an SEC rule, may exclude the proposal from its proxy material for a three-year period.
Held: Since it is extremely doubtful that, at the end of that period respondent, will resubmit the proposal and Dow will refuse it, the case is now moot. Pp. 405-407.
139 U.S.App.D.C. 226, 432 F.2d 659, vacated and remanded.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 407. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.
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Chicago: U.S. Supreme Court, "Syllabus," Sec v. Medical Committee for Human Rights, 404 U.S. 403 (1972) in 404 U.S. 403 404 U.S. 404. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=C74ME6HAIJFBTGR.
MLA: U.S. Supreme Court. "Syllabus." Sec v. Medical Committee for Human Rights, 404 U.S. 403 (1972), in 404 U.S. 403, page 404 U.S. 404. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C74ME6HAIJFBTGR.
Harvard: U.S. Supreme Court, 'Syllabus' in Sec v. Medical Committee for Human Rights, 404 U.S. 403 (1972). cited in 1972, 404 U.S. 403, pp.404 U.S. 404. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=C74ME6HAIJFBTGR.
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