UNITED STATES v. BARNETT

No. 107.

376 U.S. 681 (1964)

UNITED STATES v. BARNETT ET AL.

Supreme Court of United States.

Decided April 6, 1964.


Attorney(s) appearing for the Case

Solicitor General Cox and Leon Jaworski argued the cause for the United States. With them on the brief were Assistant Attorney General Marshall, Louis F. Claiborne, Harold H. Greene and David Rubin.

Malcolm B. Montgomery and Charles Clark, Special Assistant Attorneys General of Mississippi, argued the cause for defendants. With them on the brief were Joe T. Patterson, Attorney General, Dugas Shands, Assistant Attorney General, and Garner W. Green, Joshua Green, M. M. Roberts and Fred B. Smith, Special Assistant Attorneys General.

Briefs of amici curiae in support of the defendants were filed by Joe T. Patterson, Attorney General of Mississippi, for the State of Mississippi, and by Osmond K. Fraenkel, Norman Dorsen and Melvin L. Wulf for the American Civil Liberties Union.


MR. JUSTICE CLARK delivered the opinion of the Court.

This proceeding in criminal contempt was commenced by the United States upon the specific order, sua sponte, of the Court of Appeals for the Fifth Circuit. Ross R. Barnett, Governor of the State of Mississippi at the time this action arose,1 and Paul B. Johnson, Jr., Lieutenant Governor, stand charged with willfully disobeying certain restraining orders issued, or directed to...

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