Cort v. Ash
- Decided
- June 17, 1975
- Docket
- 73-1908
- Status
- Published
- Jurisdiction
- Federal
Cited 3,337 timesOverruled (not yet verified)Possible negative treatment: overruled, overruled in part, abrogated on other grounds (not yet verified) · Thompson v. Thompson
What later courts said
- holding that if state law permits contributions in state elections which would violate the federal act if made in a federal election, federal law provides no remedy — Washington Education Ass'n v. Smith (1981)
- holding that no private right of action exists 3 under criminal statutes unless there is a clear statutory basis for such an inference — Ward v. Adams (2023)
- stating that Bradley warranted application of intervening statute transferring to administrative agency jurisdiction over claim for injunctive relief — Landgraf v. USI Film Products (1994)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*68] Mr. Justice Brennan delivered the opinion of the Court.
There are other questions, but the principal issue presented for decision is whether a private cause of action for damages against corporate directors is to be implied in favor of a corporate stockholder under 18 U. S. C. § 610, a criminal statute prohibiting corporations from making “a contribution or expenditure in connection with any election at which Presidential and Vice Presidential electors . . . are to be voted for.” [1]
We con- [*69] elude that implication of such a.federal cause of action is not suggested by the legislative context of § 610 or required to accomplish Congress’ purposes in enacting the statute. We therefore have no occasion to address [*70] the questions whether § 610, properly construed, proscribes the expenditures alleged in this case, or whether the statute is unconstitutional as violative of the First Amendment or of the equal protection component of the Due Process Clause of the Fifth Amendment.
Statutes cited
Cite this
Cort v. Ash, 422 U.S. 66 (1975)Read the full opinion
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