Brennan Jr., William J.


Signed 1979 printed Court “slip opinion”


Autograph ID: 6184
Condition: Very good
Description: “(1906-1997) New Jersey Supreme Court Justice 1952-1956, Assoc. Justice 1956-90. During his term on the Court, he was a leader of the judicially liberal wing of the Court with outspoken progressive views, including opposition to the death penalty and support for abortion rights. He authored several landmark case opinions, including Baker v. Carr, (“one man, one vote” principle), and New York Times Co. v. Sullivan, which required proof of “actual malice” in a libel suit against those deemed “public figures”. Due to his ability to shape a wide variety of opinions, and to bargain for votes in many cases, he was considered among the Court’s most influential members. Justice Brennan was presented with the Presidential Medal of Freedom by President Bill Clinton in 1993.

28pp 9 1/4 x 6 slip opinion in the case of Davis v. Passman, issued by the Supreme Court on or about June 5, 1979, signed by Justice Brennan, author of the majority opinion, on the first page. Signed Court slip opinions are most uncommon!

In Davis v. Passman , decided June 5, 1979, Ms Davis sued US Rep Otto Passman alleging that he discriminated against her on the basis of her sex, in violation of the Fifth Amendment, by terminating her employment as a deputy administrative assistant. She sought damages in the form of back pay, and jurisdiction was founded on the provisions of 28 U.S.C. § 1331(a) that confer original jurisdiction on federal district courts of all civil actions wherein the matter in controversy exceeds $10,00 and arises under the Federal Constitution. The District Court ruled that Davis had no private right of action, and the Court of Appeals ultimately held that “no right of action may be implied from the Due Process Clause of the fifth amendment.” The Court, in the opinion written by Justice Brennan, held that a cause of action and damages remedy can be implied directly under the Constitution when the Due Process Clause of the Fifth Amendment is violated.”
Type: Signed booklet

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