Frederick J. CHRISTOPHER, Jr., Benton Cole, Salvatore Lo Dico, George C. Smith, and Raymond J. Meredith, Plaintiffs,
v.
John N. MITCHELL, as Attorney General of the United States, and the New York City Board of Elections, consisting of James M. Power, Thomas Mallee, Maurice J. O'Rourke, and J. J. Duberstein, Defendants.
United States District Court, District of Columbia.https://leagle.com/images/logo.png
October 2, 1970.
As Amended October 7 and November 5, 1970.
Attorney(s) appearing for the Case
Alfred Avins, New York City, for plaintiffs.
David Norman, Deputy Asst. Atty. Gen., with whom Thomas A. Flannery, U. S. Atty., Jerris Leonard, Asst. Atty. Gen., David L. Marblestone and Jeremy I. Schwartz, Attys., Dept. of Justice, were on the brief, for defendant John N. Mitchell. David L. Marblestone and Peter L. Strauss, Washington, D. C., also entered appearances for Mr. Mitchell.
Norman Redlich, First Assistant Corporation Counsel of City of New York, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom J. Lee Rankin, Corporation Counsel of the City of New York, Leonard Bernikow, Atty., New York City Law Dept., was on brief, for defendant New York City Board of Elections.
Senator Edward M. Kennedy, of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, argued this cause as amicus curiae in support of defendants' position, on behalf of Youth Franchise Coalition and others.
Amicus curiae briefs in support of defendants' position were filed by William A. Dobrovir and H. David Rosenbloom, Washington, D. C., for Youth Franchise Coalition and others, Joseph L. Rauh, Jr., Washington, D. C., for Americans for Democratic Action, Nathaniel R. Jones, New York City, Clarence Mitchell, Baltimore, Md., and J. Francis Pohlhaus, Washington, D. C., for the National Association for the Advancement of Colored People, Melvin L. Wulf, New York City and Lawrence G. Sager for the American Civil Liberties Union, David Rubin, New York City, for the National Education Association, and Stephen I. Schlossberg and John A. Fillion, Detroit, Mich., for International Union, United Automobile Workers; by Leonard B. Sand and Barry I. Fredericks, New York City, for the WMCA Vote at 18 Club; by John R. Cosgrove, Menlo Park, Cal., for Citizens for Lowering the Voting Age—California and others; and by Nathaniel R. Jones, New York City, Clarence Mitchell, Baltimore, Md., and J. Francis Pohlhaus, Washington, D. C., for the Department of Armed Services and Veterans' Affairs of the NAACP.
Prof. William W. Van Alstyne, Durham, N. C., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, filed a brief and argued this cause as amicus curiae (appointed by the court).*
Before BAZELON, Chief Judge, MacKINNON, Circuit Judge, and BRYANT, District Judge.
United States District Court, District of Columbia.
OPINIONS
BAZELON, Chief Judge:
At issue in this case are the Voting Rights Act Amendments of 1970.1 These provisions are reprinted in Appendix A of this opinion, but they may be briefly stated. First, the new law extends for five years the operation of section 4(a) of the Voting Rights Act of 1965,2 the primary effect of which provision was to suspend...
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