Ray v. Blair

Decision Date03 April 1952
Docket NumberNo. 649,649
PartiesRAY v. BLAIR
CourtU.S. Supreme Court

Messrs. Marx Leva, Washington, D.C., Harold M. Cook, Birmingham, Ala., for petitioner.

Mr. Horace C. Wilkinson, Birmingham, Ala., for respondent.

PER CURIAM.

In this proceeding, an Alabama circuit court entered an order directing petitioner to certify to the Secretary of State of Alabama the name of respondent as a candidate for nomination for Presidential and Vice-Presidential elector in the primary election of the Democratic Party to be held on May 6, 1952. The Alabama Supreme Court affirmed on the single ground that the order was compelled by Article II, Section 1 and the Twelfth Amendment of the United States Constitution.

Petitioner applied to this Court for a stay of the judgments and mandates of the Alabama courts and filed a petition for writ of certiorari to review the judgment of the Alabama Supreme Court. On March 24, 1952, we granted certiorari and ordered the judgments and mandates of the courts below stayed pending further consideration and disposition of the case by this Court. The case was assigned for argument on the stay as well as the merits on March 31, 1952. 343 U.S. 901, 72 S.Ct. 637.

The question raised in this case has been thoroughly briefed and argued. The Court has fully considered the question and has reached its conclusion. It now announces its decision and enters its judgment in advance of the preparation of a full opinion which, when prepared, will be filed with the Clerk. See 343 U.S. 214, 72 S.Ct. 654.

The Court holds that Article II, Section 1 and the Twelfth Amendment of the Constitution do not compel issuance of the order and judgment entered below.

The judgment below is reversed. The mandate of this Court is directed to issue forthwith.

Reversed.

Mr. Justice DOUGLAS and Mr. Justice JACKSON dissent.

Mr. Justice BLACK and Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

To continue reading

Request your trial
5 cases
  • Clark v. MARENGO CTY., Civ. A. No. 77-445-H
    • United States
    • U.S. District Court — Southern District of Alabama
    • 23 Abril 1979
    ... ...         On December 9, 1977 the Court dismissed the class action complaint as against defendant Camp and the Marengo County Democratic Executive Committee on the authority of Ray v. Blair, 343 U.S. 214, 72 S.Ct. 654, 96 L.Ed. 852 & 894 (1952), and Ray v. Garner, 257 Ala. 168, 57 So.2d 824 (1952), holding that the election of County Democratic Executive Committee members was within the purview by law of the State Committee. See Ala.Code, § 17-16-8 ...         The ... ...
  • California Democratic Party v Jones
    • United States
    • U.S. Supreme Court
    • 26 Junio 2000
    ..." upon the selection of the party's nominee (in that case its presidential nominee). 450 U.S., at 122 (quoting Ray v. Blair, 343 U.S. 154, 221-222 (1952) (per curiam)). See also 450 U.S., at 125 (comparing asserted state interests with burden created by the "imposition of voting requirement......
  • Ray v. Blair
    • United States
    • U.S. Supreme Court
    • 15 Abril 1952
  • Chiafalo v. Washington
    • United States
    • U.S. Supreme Court
    • 6 Julio 2020
    ...that practice) is an exercise of the State's power to impose conditions on the appointment of electors. See Ray v. Blair , 343 U.S. 154, 227, 72 S.Ct. 598, 96 L.Ed. 852 (1952).7 The reaction to even that single elector goes to prove the point that the system was non-discretionary. In the 17......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT