DeFunis v. Odegaard

416 U.S. 312, 94 S. Ct. 1704, 40 L. Ed. 2d 164, 1974 U.S. LEXIS 128
Supreme Court of the United States·Decided April 23, 1974·No. 73-235·Published·Cited by 1,210 cases

Opinions

[314] Per Curiam.

In 1971 the petitioner Marco DeFunis, Jr.,1 applied for admission as a first-year student at the University of Washington Law School, a state-operated institution. The size of the incoming first-year class was to be limited to 150 persons, and the LaW School received some 1,600 applications for these 150 places. DeFunis was eventually notified that he' had been denied admission. He thereupon commenced this suit in a Washington trial court, contending that' the. procedures and criteria employed by the Law School Admissions Committee invidiously discriminated against him on account of his race in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

DeFunis brought the suit on behalf of himself alone, and not.as the representative of any class, against the various respondents, who are officers, faculty members, and members of the Board of Regents of the University of Washington. He asked the' trial court to issue a mandatory injunction commanding the respondents to admit him as a member of the first-year class entering in- September 1971, on the ground that the Law School admissions policy had resulted in the unconstitutional denial of his application for admission. The trial court agreed with his claim and granted, the requested relief. [315] DeFunis was, accordingly, admitted to the Law School and began his legal studies there in the fall of 1971. On appeal, the Washington Supreme. Court reversed the judgment of the trial court and held that the Law School admissions policy did not violate the Constitution. By this time DeFunis was in his second year at the Law School.

He then petitioned this Court for a writ of certiorari, and Mr. Justice Douglas, as Circuit Justice, stayed the judgment of the Washington Supreme Court pending the “final disposition of the case by this Court.” By virtue, of this stay, DeFunis has remained in law school, and was in the first term of his third and final year when this Court first considered his certiorari petition in the fall of 1973. Because of our concern that DeFunis’ third-year standing in the Law School might have rendered this case moot, we requested the parties to brief the question of mootness before we acted on the petition. In response, both sides contended that the case was not moot. The respondents indicated that, if the decision of the Washington Supreme Court were permitted to stand, the petitioner could complete the term for which he was then enrolled but would have to apply to the faculty for permission to continue in the school before he could register for another term.2

We granted the petition for certiorari on November 19, 1973. 414 U. S. 1038. The case was in due course orally argued on February 26, 1974.

In response to questions raised from the bench during the oral argument, counsel for the petitioner has informed the Court that DeFunis has now registered “for his final [316] quarter in law school.” Counsel for the respondents have made clear that the Law School will not in anyway seek to abrogate this registration.3 In light of DeFunis’ recent registration for the last quarter of his final law school year, and the Law School’s assurance that his registration is fully effective, the insistent question again arises whether this case is not moot, and to that question we now turn.

The starting point for analysis is the familiar proposition that “federal courts are without power to decide questions that cannot affect the rights of litigants in the case before them.” North Carolina v. Rice, 404 U. S. 244 246 (1971). The inability of the federal judiciary “to review moot cases derives from the requirement of Art. Ill of the Constitution under which the exercise of judicial power depends upon the existence of a case or controversy.” Liner v. Jafco, Inc., 375 U. S. 301, 306 n. 3 (1964); see also Powell v. McCormack, 395 U. S. 486, 496 n. 7 (1969); Sibron v. New York, 392 U. S. 40, 50 n. 8 (1968). Although as a matter of Washington state law it appears that this case would be saved from mootness by “the great public interest in the continuing issues raised by this appeal,” 82 Wash. 2d 11, 23 n. 6, 507 P. 2d 1169, 1177 n. 6 (1973), the fact remains that under Art. Ill “[e]ven in cases arising in the state-courts, the question of mootness is a federal one which a federal coürt must resolve, before it assumes jurisdiction.” North Carolina v. Rice, supra, at 246.

. The resporidents have represented that, without regard toy the ultimate resolution of the issues in this case, [317] DeFunis will remain a student in the Law School for the duration of any term in which he has already enrolled. Since he has now registered for his final term, it is evident that he will be given an opportunity to complete all academic and other requirements for graduation,' and, if he does so, will receive his diploma regardless of any decision this Court might reach on the merits of this case. In short, all parties agree that DeFunis is now entitled to complete his legal studies at the University of Washington and to receive his degree from that institution. A determination by this Court of the legal issues tendered by the parties is no longer necessary to compel that result, and could not serve to prevent it. DeFunis did not cast his suit as a class action, and the only remedy he requested was an injunction commanding his admission to the Law. School. He was not only accorded that remedy, but he now has also been irrevocably admitted to the final term of the final year of the Law School course. The controversy between the parties has thus clearly ceased to be “definite and concrete” and no longer “touch [es] the legal relations of parties having adverse legal interests.” Aetna Life Ins. Co. v. Haworth, 300 U. S. 227, 240-241 (1937).

It matters not that these circumstances partially stem from a policy decision on the part of the respondent Law School authorities. The respondents, through their counsel, the Attorney General of the State, have professionally represented that in no event will the status of DeFunis now be affected by any view this Court might express on the merits of this controversy. And it has been the settled practice of the Court, in contexts no less significant, fully to accept representations such as these as parameters for decision. See Gerende v. Election Board, 341 U. S. 56 (1951); Whitehill v. Elkins, 389 U. S. 54, 57-58 (1967); Ehlert v. United States, 402 U. S. 99. [318]*318107 (1971); cf. Law Students Research Council v. Wadmond, 401 U. S. 154, 162-163 (1971).

Free access — add to your briefcase to read the full text and ask questions with AI

DeFunis v. Odegaard, 416 U.S. 312, 94 S. Ct. 1704, 40 L. Ed. 2d 164, 1974 U.S. LEXIS 128 (1974).

416 U.S. 312 (DeFunis v. Odegaard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Chapman v. Pier 1 Imports (U.S.) Inc.
870 F. Supp. 2d 995 (E.D. California, 2012)
Martinez v. Marshall
713 F. Supp. 2d 992 (C.D. California, 2010)
Ramirez v. US CUSTOMS AND BORDER PROTECTION
709 F. Supp. 2d 74 (District of Columbia, 2010)
Orozco v. Clark
705 F. Supp. 2d 1158 (C.D. California, 2010)
REUNION, INC. v. Federal Aviation Administration
719 F. Supp. 2d 700 (S.D. Mississippi, 2010)
Ohio Valley Environmental Coalition v. Hurst
604 F. Supp. 2d 860 (S.D. West Virginia, 2009)
Closed Loop Marketing, Inc. v. Closed Loop Marketing, LLC
589 F. Supp. 2d 1211 (E.D. California, 2008)
Linares v. Jackson
548 F. Supp. 2d 21 (E.D. New York, 2008)
National Federation of the Blind v. Target Corp.
582 F. Supp. 2d 1185 (N.D. California, 2007)
Lozano v. AT & T Wireless Services, Inc.
504 F.3d 718 (Ninth Circuit, 2007)
Center for Biological Diversity v. Kempthorne
498 F. Supp. 2d 293 (District of Columbia, 2007)
Keen v. Lockheed Martin Corp.
486 F. Supp. 2d 481 (E.D. Pennsylvania, 2007)
Common Cause of Pennsylvania v. Pennsylvania
447 F. Supp. 2d 415 (M.D. Pennsylvania, 2006)
Arline v. Potter
404 F. Supp. 2d 521 (S.D. New York, 2005)
Abu Ali v. Gonzales
387 F. Supp. 2d 16 (District of Columbia, 2005)
Hornstine v. Township of Moorestown
263 F. Supp. 2d 887 (D. New Jersey, 2003)
Community Health Care Ass'n of New York v. DeParle
69 F. Supp. 2d 463 (S.D. New York, 1999)
McGrath v. Johnson
67 F. Supp. 2d 499 (E.D. Pennsylvania, 1999)