Cousins v. Wigoda, No. A-1

CourtUnited States Supreme Court
Writing for the CourtMr. Justice REHNQUIST
Citation409 U.S. 1201,92 S.Ct. 2610,34 L.Ed.2d 15
PartiesWilliam COUSINS et al., Petitioners, v. Paul T. WIGODA
Docket NumberNo. A-1
Decision Date01 July 1972

409 U.S. 1201
92 S.Ct. 2610
34 L.Ed.2d 15
William COUSINS et al., Petitioners,

v.

Paul T. WIGODA.

No. A-1.
Decided July 1, 1972.

Mr. Justice REHNQUIST, Circuit Justice.

Applicants have applied to me as Circuit Justice to stay an order entered by the Court of Appeals for the Seventh Circuit on Thursday, June 29. A divided panel of that court, 463 F.2d 603 vacated an injunction issued at applicants' behest by the District Court for the Northern District of Illinois and further ordered that its mandate issue immediately. Because applicants' application raised what seemed to me to be significant legal issues of importance not only to them but to the public as a whole, I heard oral argument of counsel on the application.

In April 1972, following the Illinois primary election, respondent Wigoda brought an action in the circuit court of Cook County, Illinois, requesting a declaratory judgment that he and others had been duly elected as delegates to the Democratic National Convention in accordance with Illinois law, and seeking an injunction against applicants to prohibit them from interfering with or impeding the functioning of respondent as a duly elected delegate.

Page 1202

Applicants removed this action to the United States District Court, 342 F.Supp. 82, from which it was then remanded to the state court. Applicants then brought a separate action in the District Court, alleging that the pendency of the state court action infringed their associational rights guaranteed by the First and Fourteenth Amendments to the United States Constitution. In reliance on 42 U.S.C. § 1983, they sought an injunction against further prosecution of the state court action. The District Court heard evidence and enjoined the prosecution of so much of the state court action as sought injunctive relief against the applicants, leaving the state court free to proceed with the declaratory judgment aspect of respondent's action. Respondent appealed from the order of the District Court granting injunctive relief, and the Court of Appeals then entered the order described above vacating the injunction of the District Court.

Both the state and federal court actions arise out of disputes between the parties as to what group of delegates from Illinois shall be seated at the Democratic National Convention to be held in Miami Beach, Florida, beginning July 10. Respondent contends that he and the others whom he seeks to represent were delegates elected to the convention in accordance with Illinois law at the Illinois primary election. Applicants contend that the Illinois delegate selection process does not conform to standards established by the national Democratic Party, and that, therefore, they and others associated with them, rather than respondent, should be seated by the Democratic National Convention.

Since the Court of Appeals entered its order of June 29, two additional events have supervened. On June 30, the circuit court of Cook County in which respondent's original action was pending entered a temporary restraining order enjoining applicants from 'submitting or causing to be submitted to the National Democratic Party, the

Page 1203

Democratic National Committee or the Credentials Committee thereof, the name, or names, of any person, or persons, as prospective delegates to the 1972 Democratic National Convention' from various Illinois districts. That order also provided that 'except as herein before ordered' nothing in the order should prevent the applicants from 'speaking on behalf of their challenge before the Credentials Committee, holding meetings or engaging in other activities commensurate with their rights of free speech and association under the First and Fourteenth Amendments to the United States Constitution.' The circuit court further ordered that the matter be set for hearing on the motion of...

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24 practice notes
  • Aristocrat Health Club of Hartford v. Chaucer, Civ. No. H-77-553.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • May 8, 1978
    ...Palaio v. McAuliffe, 466 F.2d 1230, 1232-1233 (5th Cir. 1972); Cousins v. Wigoda, 463 F.2d 603 (7th Cir.), application for stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 (1972) (Rhenquist sic, Circuit Justice)." Lynch v. Snepp, 472 F.2d 769, 773 (4th Cir. 1973), cert. denied,......
  • Lamb Enterprises, Inc. v. Kiroff, Nos. 75-2450-54
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • January 31, 1977
    ...cert. denied, 415 U.S. 983, 94 S.Ct. 1576, 39 L.Ed.2d 880 (1974); Cousins v. Wigoda, 463 F.2d 603, 606 (7th Cir. 1972), stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 Appellees insist that the strict standards of Younger-Huffman should not be applied because neither Younger nor Hu......
  • Simopoulos v. Virginia State Bd. of Medicine, No. 80-1431
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 19, 1981
    ...not "casually enjoin the conduct of pending state court proceedings of either (criminal or civil) type." Cousins v. Wigoda, 409 U.S. 1201, 1206, 92 S.Ct. 2610, 2614, 34 L.Ed.2d 15 (1972). Three years later, the Supreme Court itself, while making "no general pronouncements upo......
  • Johnson v. Kelly, Civ. A. No. 75-3103.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 11, 1977
    ...39 L.Ed.2d 880 (1974) (access to public schools); Cousins v. Wigoda, 463 F.2d 603 (7th Cir.) (per curiam), application for stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 (1972) (Rehnquist, Circuit Justice) (political party delegates); Gras v. Stevens, 415 F.Supp. 1148 (S.D.N.Y.197......
  • Request a trial to view additional results
24 cases
  • Aristocrat Health Club of Hartford v. Chaucer, Civ. No. H-77-553.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • May 8, 1978
    ...Palaio v. McAuliffe, 466 F.2d 1230, 1232-1233 (5th Cir. 1972); Cousins v. Wigoda, 463 F.2d 603 (7th Cir.), application for stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 (1972) (Rhenquist sic, Circuit Justice)." Lynch v. Snepp, 472 F.2d 769, 773 (4th Cir. 1973), cert. denied,......
  • Lamb Enterprises, Inc. v. Kiroff, Nos. 75-2450-54
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • January 31, 1977
    ...cert. denied, 415 U.S. 983, 94 S.Ct. 1576, 39 L.Ed.2d 880 (1974); Cousins v. Wigoda, 463 F.2d 603, 606 (7th Cir. 1972), stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 Appellees insist that the strict standards of Younger-Huffman should not be applied because neither Younger nor Hu......
  • Simopoulos v. Virginia State Bd. of Medicine, No. 80-1431
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 19, 1981
    ...not "casually enjoin the conduct of pending state court proceedings of either (criminal or civil) type." Cousins v. Wigoda, 409 U.S. 1201, 1206, 92 S.Ct. 2610, 2614, 34 L.Ed.2d 15 (1972). Three years later, the Supreme Court itself, while making "no general pronouncements upo......
  • Johnson v. Kelly, Civ. A. No. 75-3103.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • July 11, 1977
    ...39 L.Ed.2d 880 (1974) (access to public schools); Cousins v. Wigoda, 463 F.2d 603 (7th Cir.) (per curiam), application for stay denied, 409 U.S. 1201, 92 S.Ct. 2610, 34 L.Ed.2d 15 (1972) (Rehnquist, Circuit Justice) (political party delegates); Gras v. Stevens, 415 F.Supp. 1148 (S.D.N.Y.197......
  • Request a trial to view additional results

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