United States v. Thomas, 362 U.S. 58 (1960)

United States v. Thomas


No. 667


Argued February 23-24, 1960
Decided February 29, 1960
362 U.S. 58

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Under authority of R.S. § 2004, as amended by the Civil Rights Act of 1957, the Attorney General brought a civil action on behalf of the United States in a United States District Court to enjoin certain individuals from challenging, on a racially discriminatory basis, the right of certain Negro citizens to remain on the registration rolls of a Louisiana parish as qualified voters, and to enjoin respondent, the official Registrar of Voters, from giving effect to such racially discriminatory challenges and removing their names from the rolls. The District Court denied defendants’ motion to dismiss the complaint; found that the challenges were "massively discriminatory in purpose and effect" and in violation of the Fifteenth Amendment and of 42 U.S.C. § 1971(a); enjoined the individual defendants from making further racially discriminatory challenges; enjoined respondent from giving legal effect to any of said challenges; and ordered respondent to restore to the registration rolls those so illegally removed. Upon appeal by respondent, the Court of Appeals granted a stay of the injunction pending appeal. The Solicitor General then applied to this Court to vacate the stay and for a writ of certiorari to review the judgment of the District Court.

Held: certiorari is granted, and, upon the opinion, findings of fact and conclusions of law of the District Court and the decision of this Court today in United States v. Raines, ante, p. 17, the stay is vacated and the judgment of the District Court as to respondent is affirmed. P. 59.

Stay vacated, and District Court’s judgment affirmed as to respondent.

Reported below: 180 F.Supp. 10.