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O ee ~ SUPREME COURT OF THE UNITED STATES. ~ ' No. —, Original. —Ocroper Term, 1937. Motion for leave to file a petition for an order requiring Mr. Justice Black to show eause why he should be per- nutted to serve as an Associate Justice J of this Court. Ex parte Albert Levitt, Petitioner. TOctober 11, 1987.] My ; Per Curran. The grounds af this morion are that the appolntinent of Me. Justice Black by the President and the confirmation therevf by the J senate of the United States were null and void by reason of lis inehgibiliiy uuder Artieie I, Section 6 Clause 2, of the Consiitu- ano? the United States, and beeause there was no vaciney for which the appointment could lawfully be made, The motion paners disvlose no interest upon the part of the petitioner cther than that of a eitizen and a member of the bar of this Court. That js in- ‘ £ t ! suffigient, It is an established principle that to entitle a privice . individual te invoke the judicial power to determine the validity of executive or legislative action he must show that le has sns- tained or is immediately in danger of sustaining a direct injury as the result of dhaé action and if is not suffigient that Le has merely . a general interest common to all members of the publie. Paden vy. Ce a Prd ges, 79 U.S. 105, 406; Southern Railway Coinpany v. Ning, _ oe ee 217 UL 8. abd, bd; Newman v. Frizzell, 238 U.S. 337, 49, 530; r* . , 4 Puivehild vo Hughes, 258 VU. 8.126, 129; Massachusetts v. Mellon, ne Doz U.S. 447, 485. ~ fra om a , The motion is denied,