Key v. Doyle, 434 U.S. 59 (1977)

Key v. Doyle


No. 76-1057


Argued October 5, 1977
Decided November 14, 1977
434 U.S. 59

APPEAL FROM THE DISTRICT OF COLUMBIA COURT OF APPEALS

Syllabus

A law applicable only in the District of Columbia is not a "statute of the United States" for purposes of 28 U.S.C. § 1257(1), which provides for this Court’s appellate review of final judgments rendered by a State’s highest court in which a decision could be had where the validity of a statute of the United States is at issue and the decision is against its validity. Consequently, a decision by the District of Columbia Court of Appeals holding unconstitutional a provision of the District of Columbia Code is not reviewable by direct appeal to this Court, but only by writ of certiorari pursuant to § 1257(3). Pp. 61-68.

Appeal dismissed. Reported below: 365 A.2d 621.

STEWART, J., delivered the opinion of the Court, in which BRENNAN, MARSHALL, REHNQUIST, and STEVENS, JJ., joined. WHITE, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN and POWELL, JJ., joined, post, p. 68.