Hadnott v. Amos (393 U.S. 904)

Charles Morgan, Jr., Orzell Billingsley, Robert P. Schwenn and Melvin L. Wulf, on the motion.

The order entered October 14, 1968, restoring temporary relief is continued pending action upon the jurisdictional statement which has been filed. The motion to advance and expedite is denied.

Mr. Justice HARLAN, concurring in part and dissenting in part.

The State of Alabama has excluded from its ballot in the forthcoming general election all but two of the candidates for local, state, and national office nominated by the National Democratic Party of Alabama, a newly organized political group. Members of the Party, together with the Party itself, contend before us that the state statutes invoked in justification of Alabama's action violate rights guaranteed both by the Voting Rights Act of 1965, 42 U.S.C. § 1973, and the Constitution of the United States. It is clear to me that both the statutory and constitutional issues appellants have raised require plenary consideration of difficult and important questions that cannot be properly resolved in the time remaining before the ballots are cast, no matter how expeditiously the appeal is heard. Consequently, I concur in the Court's denial of the motion to advance plenary hearing on the merits of the case.

Mr. Justice HARLAN, concurring in part and dissenting in part.

Mr. Justice STEWART and Mr. Justice WHITE dissent from the continuance of the order restoring temporary relief.

Mr. Justice BLACK took no part in the consideration or decision of this matter.