Tannenbaum v. New York

Background

This case is an appeal from the Court of Appeals of New York. Lawyers Osmond K. Fraenkel and Stanley Fleishman represented the appellant, and Frank S. Hogan represented the appellee. The American Book Publishers Council filed a brief supporting the appellant. The Supreme Court considered a motion to dismiss the appeal.

Reasoning

The Court issued a per curiam order granting the motion to dismiss and dismissed the appeal as moot. The short order does not explain the majority’s detailed reasoning in this opinion text. Justice Brennan publicly stated he would have reversed the lower court’s judgment. Chief Justice Warren and Justice Douglas dissented from the dismissal and referenced separate dissents in Jacobs v. New York.

Real world impact

Because the Court found the appeal moot, the lower court’s judgment remains in effect and the Supreme Court did not decide the underlying legal question on the merits. Parties and groups who supported the appeal, including the American Book Publishers Council, do not receive a Supreme Court ruling in this decision. The dismissal means the broader dispute could be raised again in a different case or returned to the Court later.

Dissents or concurrances

Chief Justice Warren wrote that the question was extremely important and would have noted probable jurisdiction and set the case for full argument; Justice Douglas also dissented and referred to his separate dissent in the related Jacobs opinion.