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Linda R. S. v. Richard D., 410 U.S. 614 (1973)
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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.
Linda R. S. v. Richard D., 410 U.S. 614 (1973)
Linda R. S. v. Richard D. No. 71-6078 Argued December 6, 1972 Decided March 5, 1973 410 U.S. 614
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
Syllabus
Appellant, the mother of an illegitimate child, brought a class action to enjoin the "discriminatory application" of Art. 602 of the Texas Penal Code providing that any "parent" who fails to support his "children" is subject to prosecution, but which, by state judicial construction, applies only to married parents. Appellant sought to enjoin the local district attorney from refraining to prosecute the father of her child. The three-judge District Court dismissed appellant’s action for want of standing:
Held: Although appellant has an interest in her child’s support, application of Art. 602 would not result in support, but only in the father’s incarceration, and a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another. Pp. 616-619.
335 F.Supp. 80, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, POWELL, and REHNQUIST, JJ., joined. WHITE, J., filed a dissenting opinion, in which DOUGLAS, J., joined, post, p. 619. BLACKMUN, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 622.
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Chicago: U.S. Supreme Court, "Syllabus," Linda R. S. v. Richard D., 410 U.S. 614 (1973) in 410 U.S. 614 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HW8474E9PY84N53.
MLA: U.S. Supreme Court. "Syllabus." Linda R. S. v. Richard D., 410 U.S. 614 (1973), in 410 U.S. 614, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HW8474E9PY84N53.
Harvard: U.S. Supreme Court, 'Syllabus' in Linda R. S. v. Richard D., 410 U.S. 614 (1973). cited in 1973, 410 U.S. 614. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HW8474E9PY84N53.
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