Martin v. Bush

Decision Date02 March 1964
Docket NumberNo. 675,675
Citation376 U.S. 222,84 S.Ct. 709,11 L.Ed.2d 656
PartiesCrawford MARTIN, Secretary of State of Texas, et al., v. George H. W. BUSH et al
CourtU.S. Supreme Court

Waggoner Carr, Atty. Gen. of Texas, Albert P. Jones and Hawthorne Phillips, First Asst. Attys. Gen., Mary K. Wall, Asst. Atty. Gen., Will D. Davis and Frank C. Erwin, Jr., for appellants.

William B. Cassin and Thad T. Hutcheson, for appellees.

PER CURIAM.

The motion to affirm is granted and the judgment is affirmed on the authority of Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, without prejudice to the right of the appellants to apply by April 1, 1964, to the District Court for further equitable relief in light of the present circumstances including the imminence of the forthcoming election and 'the operation of the election machinery of Texas' noted by the District Court in its opinion.* The stay heretofore granted by Mr. Justice Black is continued in effect pending timely application for the foregoing relief and final disposition thereof by the District Court.

Mr. Justice CLARK joins this disposition, but upon the grounds stated in his separate opinion in Wesberry v. Sanders, 376 U.S., p. 18, 84 S.Ct., p. 535.

Mr. Justice HARLAN and Mr. Justice STEWART would reverse the judgment below for the reasons stated in their dissenting opinions in Wesberry v. Sanders, 376 U.S., pp. 20, 50, 84 S.Ct., pp. 536, 552.

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28 cases
  • Terrazas v. Clements
    • United States
    • U.S. District Court — Northern District of Texas
    • 24 Marzo 1982
    ... ... Hill, Dallas, Tex., for Senate plaintiffs ...         John N. McCamish, Jr., Pat Deely, McCamish, Ingram, Martin & Brown, Inc., San Antonio, Tex., for House plaintiffs ...         Randall B. Strong, City Atty., Daniel R. Jackson, Asst. City Atty., ...         In 1963, the congressional redistricting plan, which had been enacted in 1957, was held unconstitutional. Bush v. Martin (Bush I), 224 F.Supp. 499, 509 (S.D.Tex. 1963), aff'd per curiam, 376 U.S. 222, 84 S.Ct. 709, 11 L.Ed.2d 656 (1964). However, in view ... ...
  • Butterworth v. Dempsey
    • United States
    • U.S. District Court — District of Connecticut
    • 26 Marzo 1964
    ...of the United States." (Id. at 520) The Supreme Court affirmed the district court's decision in the Bush case (Martin v. Bush, 376 U.S. 222, 84 S.Ct. 709, 11 L.Ed.2d 656 (1964)), including, presumably, the form of relief there granted, the issue with respect to which was raised by the disse......
  • Preisler v. Secretary of State of Missouri
    • United States
    • U.S. District Court — Western District of Missouri
    • 4 Marzo 1968
    ...issues here." In Preisler II, for another example, this Court read the Supreme Court's summary dispositions in Martin v. Bush, 376 U.S. 222, 84 S.Ct. 709, 11 L.Ed.2d 656 (1964), Drum v. Seawell, 383 U.S. 831, 86 S.Ct. 1237, 16 L.Ed.2d 298 (1966), and Alton v. Tawes, 384 U.S. 315, 86 S.Ct. 1......
  • Harkless v. SWEENY IND. SCH. DIST. OF SWEENY, TEXAS
    • United States
    • U.S. District Court — Southern District of Texas
    • 16 Enero 1975
    ... ... Cf. the opinion of the writer in Bush v. Martin, 224 F.Supp. 499, 531 (S.D.Tex.1963) (Noel, J., dissenting), aff'd, 376 U.S. 222, 84 S.Ct. 709, 11 L.Ed.2d 656 (1964) to the effect that a ... ...
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