VIRGINIA MILITARY INSTITUTE ET AL.
v.
UNITED STATES
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The Supreme Court denied Virginia Military Institute's petition for certiorari challenging a lower court decision that vacated a judgment in favor of VMI and remanded the case for determination of an appropriate remedy regarding the constitutionality of maintaining a men-only admissions policy. Justice Scalia's opinion respecting the denial reasoned that the Court should await final judgment from the lower courts before exercising its certiorari jurisdiction, while noting that VMI could renew its petition after the District Court's final determination on remedies.
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C. A. 4th Cir. Certiorari denied.
Justice Thomas took no part in the consideration or decision of this petition.
Opinion of
Justice Scalia,
respecting the denial of the petition for writ of certiorari.
Whether it is constitutional for a State to have a men-only military school is an issue that should receive the attention of this Court before, rather than after, a national institution as venerable as the Virginia Military Institute is compelled to transform itself. This present petition, however, seeks our intervention before the litigation below has come to final judgment. The Court of Appeals vacated the judgment that had been entered in favor of petitioners, and remanded the case to the District Court for determination of an appropriate remedy. It expressly declined to rule on the “specific remedial course that the Commonwealth should or must follow hereafter,” and suggested permissible remedies other than compelling the Virginia Military Institute to abandon its current admissions policy. United States v. Virginia, 976 F. 2d 890, 900 (CA4 1992).
We generally await final judgment in the lower courts before exercising our certiorari jurisdiction. See, e. g., American Constr. Co. v. Jacksonville, T. & K. W. R. Co., 148 U. S. 372, 384 (1893); Locomotive Firemen v. Bangor & Aroostook R. Co., 389 U. S. 327, 328 (1967) (per curiam); see generally R. Stern, E. Gressman, & S. Shapiro, Supreme Court Practice §4.18, pp. 224-226 (6th ed. 1986). I think it prudent to take that course here. Our action does not, of course, preclude VMI from raising the same issues in a later petition, after final judgment has been rendered. See, e.g., Hamilton-Brown Shoe Co. v. Wolf Brothers & Co., 240 U. S. 251, 257-259 (1916); Hughes Tool Co. v. Trans World Airlines, Inc., 409 U. S. 363, 365-366, n. 1 (1973); Stern, Gressman, & Shapiro, supra, §4.18, at 226; 17 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure §4036, p. 32 (2d ed. 1988).
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Cited By
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United States v. Virginia, 518 U.S. 515 (U.S. 1996)…ons for the Commonwealth: Admit women to VMI; establish parallel institutions [*526] or programs; or abandon state support, leaving VMI free to pursue its policies as a private institution. Id., at 900. In May 1993, this Court denied certiorari. See 508 U. S. 946; see also ibid, (opinion of Scalia, J., noting the interlocutory posture of the litigation). C In response to the Fourth Circuit’s ruling, Virginia proposed a parallel program for women: Virginia Women’s Institute for Leadership (VWIL). The 4-year…
Authorities Cited
- Hughes Tool Co. v. Trans World Airlines, Inc., 409 U.S. 363 (U.S. 1973)
- Hamilton-Brown Shoe Co. v. Wolf Bros. & Co., 240 U.S. 251 (U.S. 1916)
- Am. Constr. Co. v. Jacksonville, 148 U.S. 372 (U.S. 1893)
- Bhd. of Locomotive Firemen & Enginemen v. Bangor & Aroostook R.R. Co., 389 U.S. 327 (U.S. 1967)
- United States v. Commonwealth OF Va., 976 F.2d 890 (4th Cir. 1992)