Zwickler v. Koota - An Additional Reversal

The case reappeared in the Supreme Court as Golden v. Zwickler and was decided in March of 1969. The Court held that on the remand Zwickler would have to "establish the elements governing the issuance of a declaratory judgment," noting as relevant to that question that the congressman who had been the target of Zwickler's handbills had been elected to the Supreme Court of New York. On remand, the district court, without hearing evidence held that the essential elements for declaratory relief existed when this action was initiated. The Supreme Court ruled that the district court should have considered the facts at the time the case was heard on remand. The Court ruled that Zwickler did not establish the facts for declaratory judgement on remand. The district court decision was reversed and the case was remanded with direction to enter a new judgement to dismiss the complaint.