Hadnott v. Amos (393 U.S. 904)

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Hadnott v. Amos
Syllabus
934328Hadnott v. Amos — Syllabus
Court Documents

United States Supreme Court

393 U.S. 904

Hadnott  v.  Amos

Charles Morgan, Jr., Orzell Billingsley, Robert P. Schwenn and Melvin L. Wulf, on the motion.

The order entered October 14, 1968, restoring temporary relief is continued pending action upon the jurisdictional statement which has been filed. The motion to advance and expedite is denied.

Mr. Justice HARLAN, concurring in part and dissenting in part.

The State of Alabama has excluded from its ballot in the forthcoming general election all but two of the candidates for local, state, and national office nominated by the National Democratic Party of Alabama, a newly organized political group. Members of the Party, together with the Party itself, contend before us that the state statutes invoked in justification of Alabama's action violate rights guaranteed both by the Voting Rights Act of 1965, 42 U.S.C. § 1973, and the Constitution of the United States. [1] It is clear to me that both the statutory and constitutional issues appellants have raised require plenary consideration of difficult and important questions that cannot be properly resolved in the time remaining before the ballots are cast, no matter how expeditiously the appeal is heard. Consequently, I concur in the Court's denial of the motion to advance plenary hearing on the merits of the case.

Mr. Justice HARLAN, concurring in part and dissenting in part.

Mr. Justice STEWART and Mr. Justice WHITE dissent from the continuance of the order restoring temporary relief.

Mr. Justice BLACK took no part in the consideration or decision of this matter.

Notes edit

  1. The three-judge District Court which initially heard this case issued a temporary injunction requiring Alabama to include on the ballot the names of all candidates of the National Democratic Party, and Alabama proceeded to comply. Upon consideration of the case on the merits, the District Court, 291 F.Supp. 309, with Chief Judge Frank M. Johnson dissenting, held against the plaintiffs and dissolved its temporary injunction. This occurred on October 11, 1968. A motion to reinstate the lower court's temporary relief was made to us on the following day and an appeal was filed on Monday, October 14, along with a motion to accelerate our consideration of the cause. On the same day, we set the two motions before us for argument on Friday, October 18, reinstating the District Court's injunction for the interim period.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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