In Re Herndon

394 U.S. 399, 89 S. Ct. 1107, 22 L. Ed. 2d 367, 1969 U.S. LEXIS 2157

Opinions

Per Curiam.

The appeal in Hadnott v. Amos, ante, p. 358, decided today, was argued with the motion filed by appellants on November 19, 1968, “for an order to show cause why Judge Herndon should not be held in contempt and for other relief.” 393 U. S. 996.

On September 18, 1968, the three-judge court entered a temporary restraining order enjoining appropriate Alabama officials from using any ballots at the general election of November 5, 1968 which did not include the names of the candidates of the National Democratic Party of Alabama (NDPA). This order was dissolved on October 11, 1968, one judge dissenting. 295 F. Supp. 1003. The appellants sought interim relief from this Court pending appeal, and on October 14, 1968, we entered an order that: “The application for restoration of temporary relief is granted pending oral argument on the application . . . 393 U. S. 815 (1968). Oral argument was heard on October 18, and on October 19 we entered an order that: “The order entered on October 14, 1968, restoring temporary relief is continued pending action upon the jurisdictional statement which has been filed.” 393 U. S. 904. Nevertheless, Judge Herndon, who was responsible for the preparation of the Greene County ballot for local offices, did not place the NDPA candidates for such offices on the ballot.

We conclude that decision on the motion should await timely initiation and completion of appropriate proceedings in the District Court to determine whether Judge Herndon’s failure to place NDPA candidates on the ballot constituted contempt of the order of September 18 of the District Court. Decision on the motion is therefore postponed.

It is so ordered.

Mr. Justice Black took no part in the consideration or decision of this case.