SMITH v. ALLWRIGHT

No. 51.

321 U.S. 649 (1944)

SMITH v. ALLWRIGHT, ELECTION JUDGE, ET AL.

Supreme Court of United States.

Reargued January 12, 1944.

Decided April 3, 1944.


Attorney(s) appearing for the Case

Messrs. Thurgood Marshall and William H. Hastie, with whom Messrs. Leon A. Ransom, Carter Wesley, W.J. Durham, W. Robert Ming, Jr., and George M. Johnson were on the brief, for petitioner.

No appearance for respondents.

By special leave of Court, Mr. George W. Barcus, Assistant Attorney General of Texas, with whom Mr. Gerald C. Mann, Attorney General, was on the brief for the Attorney General of Texas, as amicus curiae, urging affirmance. Briefs of amici curiae were filed by Mr. Wright Morrow on behalf of Mr. George A. Butler, Chairman of the State Democratic Executive Committee of Texas, urging affirmance; and by Mr. Whitney North Seymour on behalf of the American Civil Liberties Union, by Mr. Osmond K. Fraenkel on behalf of the Committee on Constitutional Liberties, National Lawyers Guild, and by Mr. John F. Finerty on behalf of the Workers Defense League, — urging reversal.


MR. JUSTICE REED delivered the opinion of the Court.

This writ of certiorari brings here for review a claim for damages in the sum of $5,000 on the part of petitioner, a Negro citizen of the 48th precinct of Harris County, Texas, for the refusal of respondents, election and associate election judges respectively of that precinct, to give petitioner a ballot or to permit him to cast a ballot in the primary election of July...

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