Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Ex Parte Fahey, Federal Home Loan Bank Commissioner, Et Al.

• 1946 • 332 U.S. 258 • Vinson Court
In the 1946 case Ex Parte Fahey, Federal Home Loan Bank Commissioner et al., the U.S. Supreme Court ruled that a federal court has no jurisdiction to issue a writ of mandamus against an officer or agency of the United States unless it is shown that they have failed to perform a clear non-discretionary duty. The petitioner, Fahey, sought such a writ from lower courts in order to compel respondents (Federal Home Loan Bank officials) to approve his application for insurance on certain home loans...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Vinson Court
Term: 1946
Docket: 133M
332 U.S. 258
67 S. Ct. 1558
91 L. Ed. 2041
1947 U.S. LEXIS 2882
Argued: Apr 30, 1947

Ex Parte Fahey, Federal Home Loan Bank Commissioner, Et Al.

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In the 1946 case Ex Parte Fahey, Federal Home Loan Bank Commissioner et al., the U.S. Supreme Court ruled that a federal court has no jurisdiction to issue a writ of mandamus against an officer or agency of the United States unless it is shown that they have failed to perform a clear non-discretionary duty. The petitioner, Fahey, sought such a writ from lower courts in order to compel respondents (Federal Home Loan Bank officials) to approve his application for insurance on certain home loans under Section 603(b) of the National Housing Act. However, this section gives officials discretionary power over approval decisions and does not impose any specific duties upon them regarding individual applications. Therefore, since there was no failure by respondents in performing their statutory duties as claimed by petitioner, both lower courts correctly denied issuing the requested writs.

Dissent Summary
AI Abstract

In the dissenting opinion for Ex Parte Fahey, Justice Frankfurter argued that the majority's decision to grant a writ of certiorari was inappropriate. He contended that this case did not meet the criteria for such an extraordinary measure as it lacked any substantial federal question or conflict among lower courts. Furthermore, he believed that granting a writ in this situation would set a dangerous precedent by encouraging litigants to bypass regular appellate procedures and seek direct Supreme Court review instead. This could potentially flood the court with cases and undermine its ability to function effectively. Thus, he disagreed with his colleagues' decision to hear this case directly from district court without waiting for it to go through appeals process first.

Opinion written by Justice RHJackson
Decided: Jun 23, 1947
PDF viewer is not available.
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms