89 S.Ct. 3 (1968), Socialist Labor Party v. Rhodes

Citation89 S.Ct. 3, 21 L.Ed.2d 72
Party NameSOCIALIST LABOR PARTY et al., Appellants, v. James A. RHODES et al., Appellees.
Case DateSeptember 16, 1968
CourtUnited States Supreme Court

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89 S.Ct. 3 (1968)

21 L.Ed.2d 72

SOCIALIST LABOR PARTY et al., Appellants,

v.

James A. RHODES et al., Appellees.

United States Supreme Court.

Sept. 16, 1968

OPINION

Mr. Justice STEWART.

Counsel for the appellants have presented to me, as Circuit Justice for the Sixth Circuit, a motion for a temporary injunctive order to compel the responsible Ohio authorities to place the names of Henning A. Blomen, George S. Taylor, Peter M. Kapitz, and Maria Pirincin, as candidates of the Socialist Labor Party for the office of President, Vice-President, Senator, and Representative from the 22nd Congressional District, respectively, on the voting machine and

Page 4

paper ballots to be used in Ohio for the November 5, 1968, general election, pending the Court's decision on the merits of this appeal.

Counsel for the appellees oppose the motion on several grounds. They argue that the district court granted to the appellants the principal relief they requested, i.e., that the ballots to be used at the November 5 general election provide a means for write-in voting for every office for which an election is to be held. They further argue that 'appellants have delayed their request for temporary relief and the Secretary of State of Ohio has amended his certification (in accord with my opinion and order of September 10, 1968), pursuant to which amended ballots are being reprinted,' and 'that the file of this case does not indicate that appellants have more than three members, which number of membership is too unsubstantial to require another reprinting of election ballots by 88 counties.'

It was the district court's opinion that 'as evidenced by affidavit, the Socialist Labor Party is so small that no number of petitioning qualified voters that might be required by the legislature as a reasonable qualification for position on the ballot could be met by it.' The dissenting judge in the district court agreed with this branch of the court's opinion, stating that the Socialist Labor Party 'is not presently composed of any remotely substantial group of electors * * *. (I)t appears that in 1966 this party could claim a membership of only one hundred eight (108) persons. Even under constitutionally permissible standards, this party could not demand ballot position. For this reason, I would deny the Socialist Labor Party ballot position for the forthcoming election. I concur in the relief...

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4 practice notes
  • 422 F.Supp. 917 (S.D.Tex. 1976), Civ. A. 76-H-1681, United States v. State of Texas
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 3 Noviembre 1976
    ...Socialist Labor Party, which was denied because of the party's failure to move quickly to obtain relief. Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968). The Supreme Court, after deciding the appeal, adopted the action of Justice Stewart. With respect to the Socialist Labo......
  • 414 U.S. 1304 (1973), A-150, Holtzman v. Schlesinger
    • United States
    • Federal Cases United States Supreme Court
    • 1 Agosto 1973
    ...J., Circuit Justice); Board of Education v. Taylor, 82 S.Ct. 10 (1961) (BRENNAN, J., Circuit Justice); Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968) (STEWART, J., Circuit But, in this case, the problems inherent in attempting to strike an equitable [94 S.Ct. 5] balance b......
  • 543 U.S. 1301 (2004), 04A360, Spencer v. Pugh
    • United States
    • Federal Cases United States Supreme Court
    • 2 Noviembre 2004
    ...While I have the power to grant the relief requested, I decline to do so for prudential reasons. Cf. Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968) (Stewart, J., in Although the hour is late and time is short, I have reviewed the District Court opinions and the opini......
  • 442 U.S. 1309 (1979), A-958, Williams v. Zbaraz
    • United States
    • Federal Cases United States Supreme Court
    • 24 Mayo 1979
    ...irreparable-injury issue, the task of a judge or Justice is to examine the "competing equities," Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (Stewart, J., in chambers), a task that involves "balancing th[e] injury [to one side] against the losses that might be ......
4 cases
  • 422 F.Supp. 917 (S.D.Tex. 1976), Civ. A. 76-H-1681, United States v. State of Texas
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 3 Noviembre 1976
    ...Socialist Labor Party, which was denied because of the party's failure to move quickly to obtain relief. Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968). The Supreme Court, after deciding the appeal, adopted the action of Justice Stewart. With respect to the Socialist Labo......
  • 414 U.S. 1304 (1973), A-150, Holtzman v. Schlesinger
    • United States
    • Federal Cases United States Supreme Court
    • 1 Agosto 1973
    ...J., Circuit Justice); Board of Education v. Taylor, 82 S.Ct. 10 (1961) (BRENNAN, J., Circuit Justice); Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968) (STEWART, J., Circuit But, in this case, the problems inherent in attempting to strike an equitable [94 S.Ct. 5] balance b......
  • 543 U.S. 1301 (2004), 04A360, Spencer v. Pugh
    • United States
    • Federal Cases United States Supreme Court
    • 2 Noviembre 2004
    ...While I have the power to grant the relief requested, I decline to do so for prudential reasons. Cf. Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (1968) (Stewart, J., in Although the hour is late and time is short, I have reviewed the District Court opinions and the opini......
  • 442 U.S. 1309 (1979), A-958, Williams v. Zbaraz
    • United States
    • Federal Cases United States Supreme Court
    • 24 Mayo 1979
    ...irreparable-injury issue, the task of a judge or Justice is to examine the "competing equities," Socialist Labor Party v. Rhodes, 89 S.Ct. 3, 21 L.Ed.2d 72 (Stewart, J., in chambers), a task that involves "balancing th[e] injury [to one side] against the losses that might be ......