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Mitchell v. Donovan, 398 U.S. 427 (1970)
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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.
Mitchell v. Donovan, 398 U.S. 427 (1970)
Mitchell v. Donovan No. 726 Argued April 1, 1970 Decided June 15, 1970 398 U.S. 427
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
Syllabus
Appellants had requested an injunction to have the names of Communist Party candidates placed on the ballot in Minnesota for the 1968 election, which was granted. After the election the Federal District Court, finding no present case or controversy, denied appellant’s request for a declaratory judgment striking down the Communist Control Act, on which the state authorities had relied in refusing ballot placement. Appellants brought a direct appeal to this Court under 28 U.S.C. § 1253, which permits an "appeal to the Supreme Court from an order granting or denying . . . an interlocutory or permanent injunction. . . ."
Held: An order granting or denying only a declaratory judgment may not be appealed to this Court under § 1253. Rockefeller v. Catholic Medical Center, 397 U.S. 820.
300 F.Supp. 1145, vacated and remanded.
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Chicago:
U.S. Supreme Court, "Syllabus," Mitchell v. Donovan, 398 U.S. 427 (1970) in 398 U.S. 427 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=XSMR5AJLYT155W8.
MLA:
U.S. Supreme Court. "Syllabus." Mitchell v. Donovan, 398 U.S. 427 (1970), in 398 U.S. 427, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=XSMR5AJLYT155W8.
Harvard:
U.S. Supreme Court, 'Syllabus' in Mitchell v. Donovan, 398 U.S. 427 (1970). cited in 1970, 398 U.S. 427. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=XSMR5AJLYT155W8.
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