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O'Brien Vs. Brown
Cites for this judgment
- US Supreme Court
- Jul 07, 1972
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U.S. 1 (1972) U.S. Supreme Court O'Brien v. BrownSearch
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U.S. 1 (1972) O'Brien v. BrownSearch
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Judicial intervention in this area traditionally has been approached with great caution and restraint. See Irish v. DemocraticSearch
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Lynch v. TorquatoSearch
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Smith v. StateSearch
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Exec. Comm. of Dem. Party of Ga., 288 F.Supp. 371 (ND Ga. 1968). Cf. Ray v. BlairSearch
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Together with Nos. 72-35 and A-24, Keane et al. v. NationalSearch
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that injury arises from invidious discrimination based on race in a primary contest within a single State. Cf. Terry v. AdamsSearch
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declaratory, as well as injunctive, relief. A declaratory judgment is a milder remedy than an injunction, cf. Perez v. LedesmaSearch
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action and may be recovered for in a suit at law hardly has been doubted for over two hundred years, since Ashby v. WhiteSearch
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Ld.Raym. 938, 3 id. 320, and has been recognized by this Court. Wiley v. SinklerSearch
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U. S. 58 , 179 U. S. 64 , 179 U. S. 65 . Giles v. HarrisSearch
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fashioned to deal with a very different problem, which has nothing to do with this case. As the Court said in Baker v. CarrSearch
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Powell v. McCormackSearch
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In these circumstances, the primary must be regarded as an integral part of the general election, see United States v. ClassicSearch
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and strip it of its character as state action, merely by disapproving that action. Monroe v. PapeSearch
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on the basis of race or color, Const. Amdt. XV, or on the basis of any other invidious classification, e.g., Baker v. CarrSearch
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With respect to federal elections, however, the right to vote enjoys a broader constitutional protection. In Oregon v. MitchellSearch
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and its judicial interpretation in Burroughs v. UnitedSearch
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U.S. at 400 U. S. 124 n. 7. On the basis of Oregon v. MitchellSearch
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in federal elections extends not only to the general election, but to the primary election as well. In United States v. ClassicSearch
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subject to challenge on the theory of an implied remedy for a federal deprivation of constitutional rights, see Bivens v. SixSearch
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which protects certain federal rights against certain kinds of private interference, see Griffin v. BreckenridgeSearch
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U.S. Supreme Court O'Brien v. BrownSearch
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See Irish v. DemocraticSearch
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Cf. Ray v. BlairSearch
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State. Cf. Terry v. AdamsSearch
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Ashby v. WhiteSearch
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Court. Wiley v. SinklerSearch
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Giles v. HarrisSearch
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Baker v. CarrSearch
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In Oregon v. MitchellSearch
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Burroughs v. UnitedSearch
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of Oregon v. MitchellSearch
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In United States v. ClassicSearch
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Bivens v. SixSearch
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