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MARYLAND PETITION COMMITTEE v. JOHNSON

Civ. No. 17826.

265 F.Supp. 823 (1967)

The MARYLAND PETITION COMMITTEE, a membership corporation, Zelner Albritton, individually and taxpayer and grandfather, Custodian and next friend of Ellenda L. Albritton, infant, Peter T. Dodson, individually and taxpayer and father and next friend of William T. Dodson, infant, Marland W. Duvall, individually and taxpayer and father and next friend of Bryan M. Duvall, infant, William M. Braiesford, individually and taxpayer and father and next friend of Edward B. and Kathryn Ann Braiesford, infants, Alice J. Barksdale, individually and mother and next friend of Christine G. and Margo C. Barksdale, infants v. Lyndon B. JOHNSON, President of the United States of America, Hubert H. Humphrey, Vice-president of the United States of America and President of the United States Senate, John W. McCormack, Speaker of the House of Representatives, and Acting Attorney General of the United States of America, and as representatives of the United States of America.

United States District Court D. Maryland.

March 27, 1967.

Attorney(s) appearing for the Case

George Washington Williams, Baltimore, Md., for plaintiffs.

Thomas J. Kenney, U. S. Atty., Baltimore, Md., and Lester A. Jensen, Attorney, Department of Justice, Washington, D. C., for defendants.

Thomas F. Cadwalader, Baltimore, Md., amicus curiæ.

THOMSEN, Chief Judge.

Plaintiffs seek a declaratory judgment that the Fourteenth Amendment to the Constitution of the United States is null and void and of no effect and an injunction restraining the further enforcement of any of its provisions. They contend that the Fourteenth Amendment was not proposed and adopted in accordance with Article V of the Constitution1 in that less than two-thirds of the total membership of the House of Representatives...

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