The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, February 26, 1974
Decision: Tuesday, April 23, 1974
Issues: Civil Rights, Affirmative Action

Advocates

Not available

Facts of the Case

DeFunis was denied admission to the University of Washington Law School despite test scores that were higher than some of the minorities admitted. DeFunis then successfully asked a trial court to require the school to admit him. On appeal, the Washington Supreme Court reversed, upholding the school's decision to deny DeFunis admission. The U.S. Supreme Court considered the case as DeFunis was entering his final year of school.

Question

Was the case in question moot and therefore outside the scope of judicial review?

Conclusion

In a 5-4 per curiam opinion, the Court held that because the University of Washington Law School had agreed to allow DeFunis to enroll and to earn a diploma, the case in question was moot. DeFunis would be able to complete his legal studies irrespective of any Supreme Court decision. The controversy between parties had thus "clearly ceased to be 'definite and concrete' and no longer 'touch[ed] the legal relations of parties having adverse legal interests.'"

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for DeFunis, 4 vote(s) against
Legal Provision: Article 3, Section 2, Paragraph 1: Case or Controversy Requirement
Voted with the majority
Burger
Wrote a dissent, joined Brennan's dissent
Douglas
Wrote a dissent
Brennan
Voted with the majority
Stewart
Voted with the minority, joined Brennan's dissent
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Per Curiam with Argument

Cite this page

The Oyez Project, DeFunis v. Odegaard, 416 U.S. 312 (1974),
available at: <http://www.oyez.org/cases/1970-1979/1973/1973_73_235/>
(last visited ).