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Colegrove Vs. Green
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- US Supreme Court
- Jun 10, 1946
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U.S. 549 (1946) U.S. Supreme Court Colegrove v. GreenSearch
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U.S. 549 (1946) Colegrove v. GreenSearch
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S. 551 and approximate equality of population. The District Court, feeling bound by this Court's opinion in Wood v. BroomSearch
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dismissed the complaint. 64 F.Supp.632. The District Court was clearly right in deeming itself bound by Wood v. BroomSearch
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supra, and we could also dispose of this case on the authority of Wood v. BroomSearch
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It must be remembered that not only was the legislative history of the matter fully considered in Wood v. BroomSearch
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but the question had been elaborately before the Court in Smiley v. HolmSearch
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U. S. 355 , Koenig v. FlynnSearch
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U. S. 375 , and Carroll v. BeckerSearch
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U. S. 380 , argued a few months before Wood v. BroomSearch
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to question the correctness of that which seemed compelling to this Court in enforcing the will of Congress in Wood v. BroomSearch
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agree with the four Justices (Brandeis, Stone, Roberts, and Cardozo, JJ.) who were of opinion that the bill in Wood v. BroomSearch
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To be sure, the present complaint, unlike the bill in Wood v. BroomSearch
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the Federal Declaratory Judgment Act which, not having been enacted until 1934, was not available at the time of Wood v. BroomSearch
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Great Lakes Co. v. HuffmanSearch
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Nashville, C. & St.L. R. Co. v. WallaceSearch
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citizens. The basis for the suit is not a private wrong, but a wrong suffered by Illinois as a polity. Compare Nixon v. HerndonSearch
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U. S. 536 , and Lane v. WilsonSearch
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U. S. 268 , with Giles v. HarrisSearch
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to deliver up a fugitive from justice. But the fulfillment of this duty cannot be judicially enforced. Kentucky v. DennisonSearch
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The duty to see to it that the laws are faithfully executed cannot be brought under legal compulsion, Mississippi v. JohnsonSearch
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great guaranty of a republican form of government in States cannot be challenged in the courts. Pacific Telephone Co. v. OregonSearch
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d Page 328 U. S. 564 MR. JUSTICE RUTLEDGE. I concur in the result. But for the ruling in Smiley v. HolmSearch
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the fact Page 328 U. S. 565 that, in my opinion, the basic ruling and less important ones in Smiley v. HolmSearch
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in a case of this type as against the objection that the issues are not justiciable. In the later case of Wood v. BroomSearch
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same manner as want of jurisdiction over the subject matter. Thus, want of equity jurisdiction may be waived. Matthews v. RodgersSearch
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States to pick out certain qualified citizens or groups of citizens and deny them the right to vote at all. See Nixon v. HerndonSearch
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has held that this right extends to primaries. United States v. ClassicSearch
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Smith v. TexasSearch
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U. S. 128 , 311 U. S. 132 . See also Lane v. WilsonSearch
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I cannot agree with that argument. There have been cases, such as Coleman v. MillerSearch
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But, as this Court said in Nixon Page 328 U. S. 573 v. HerndonSearch
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rights. Wood v. BroomSearch
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could not, or should not, exercise its power in a case like this. As we said with reference to that decision in Lane v. WilsonSearch
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elections. Furthermore, the author of the Giles v. HarrisSearch
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opinion also wrote the opinion in Nixon v. HerndonSearch
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case, no supervision over elections is asked for. What is asked is that this Court do exactly what it did in Smiley v. HolmSearch
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Hague v. CIOSearch
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People v. ThompsonSearch
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