McCann v. Paris

244 F. Supp. 870, 1965 U.S. Dist. LEXIS 7350
CourtDistrict Court, W.D. Virginia
DecidedSeptember 13, 1965
DocketNo. 65-C-27-L
StatusPublished
Cited by4 cases

This text of 244 F. Supp. 870 (McCann v. Paris) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCann v. Paris, 244 F. Supp. 870, 1965 U.S. Dist. LEXIS 7350 (W.D. Va. 1965).

Opinion

MICHIE, District Judge.

This is an action brought by the named plaintiffs, citizens of the Commonwealth of Virginia, duly qualified to vote in the city of Lynchburg under the Constitution and laws of Virginia. Alleging the impairment and abridgement of their rights as qualified voters under State law, they seek to enjoin the defendant State Board of Elections and the local electoral boards and registrars under its supervision from allowing the registration of state citizens who are not qualified to vote under the Virginia Constitution and laws, but who are now being registered under the provisions of the federal Voting Rights Act of 1965, P.L. 89-110, 79 Stat. 437-446 (approved by the President August 6, 1965), and they desire an order directing the state authorities to purge all registration books of the names of those individuals who have heretofore been registered under the federal Act. In seeking to enjoin the state’s implementation of the Voting Rights Act, they attack the validity of that Act under the Tenth and Fourteenth Amendments to the United States Constitution, and therefore seek to enjoin the enforcement of the Act.

Upon the filing of the plaintiffs’ complaint in this action, the Attorney General of the United States was informed of the plaintiffs’ actions, and the United States thereafter sought to intervene on behalf of the defendants pursuant to 28 U.S.C. § 2403, alleging that the constitutionality of an Act of Congress affecting the public interest was drawn in question.

Thereafter, on September 11, 1965, argument was heard by this Court upon the complaint and an order to show cause why the United States should not be allowed to intervene in the action and why the action should not be dismissed for lack of jurisdiction over'the subject matter. The order to show cause was entered by the Court at the instance of the United States on September 3.

In oral argument the plaintiffs have conceded the right of the United States to intervene in the action. Unquestionably the Voting Rights Act is one which affects the public interest, and the United States therefore has the right to intervene under 28 U.S.C. § 2403. I have accordingly granted the motion for intervention. Additionally, plaintiffs now concede that this Court may not grant the preliminary injunction which they sought as relief prior to the convening of a three-judge court pursuant to 28 U.S.C. § 2282. A single district judge may not enjoin the enforcement of an Act of Congress on constitutional grounds. A three-judge court must first hear the case under § 2282. A single judge may grant a temporary restraining order under 28 U.S.C. § 2284(3) to avoid irreparable damage, but it is unnecessary to consider this point further in light of the fact that I have concluded that I lack [872]*872subject matter jurisdiction over this action. This conclusion is compelled by the terms of section 14(b) of the Voting Rights Act:

No court other than the District Court for the District of Columbia or a court of appeals in any proceeding under section 9 shall have jurisdiction to issue any declaratory judgment pursuant to section 4 or section 5 or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of this Act or any action of any Federal officer or employee pursuant hereto.

In this action the plaintiffs have sought injunctive relief against the named defendants, requiring them to cease registering those Virginia citizens not qualified under State law but allowed to register under the Voting Rights Act, and to purge voting rolls of those citizens already registered under the provisions of the Act. The government contends that section 14(b), quoted above, is plainly applicable and that this Court therefore has no jurisdiction in the premises.

To avoid this effect of section 14(b), the plaintiffs have argued, first, that Congress did not intend to withdraw jurisdiction from district courts, other than the District Court for the District of Columbia, where the suit is brought by an individual voter of a state. Section 14(b), the plaintiffs argue, is applicable only to actions brought by a state or political subdivision thereof. To support this contention, the plaintiffs cite the reports of the Senate, House of Representatives, and Conference committees on the 1965 Act, none of which refer to individual actions seeking to enjoin the enforcement of the Act.

I can find no merit in the plaintiffs’ argument. A careful reading of the plain wording in section 14(b) is itself the best answer to the contention. The statute speaks in terms of the jurisdiction of courts; it does not lend itself to a restriction based upon who the parties are before the court. Its proscription is broad and plain. Where the wording of a statute is clear, it is immune to judicial refinement and restriction.

Moreover, the legislative history of the provision belies the plaintiffs’ argument. In reporting out the Senate version of the Voting Rights Act, S. 1564, the Senate Judiciary Committee, in its Joint Statement of Individual Views subscribed to by a majority of the Judiciary Committee, stated as to section 14(b):

All challenges to the constitutionality or legality of any provision of this bill or any action taken pursuant to it must be litigated in the District Court for the District of Columbia or, when applicable * * * in the appropriate court of appeals.

S. Rep. No. 162, Part 3, 89th Cong., 1st Sess. 31 (1965). And in defending section 14(b) thereafter on the floor of the Senate against a proposed amendment which would have deleted it, Senator Ty-dings, a member of the Senate Judiciary Committee which had considered the, Act in detail, stated of section 14(b):

There was a reason why the committee included that section. It is obvious that a great many suits unquestionably will be arising from enforcement of the act. If the pending amendment were adopted and this provision were taken out of the bill, suits could be going on in many districts within the same circuit. Different suits could be going on in different circuits. All of them would lack uniformity. It is conceivable that there might be different rulings in two districts of the same circuit.
We felt that it would be commendable to have one court handle these

matters in order to have uniformity. 111 Cong.Ree. at 11068 (daily ed. May 25, 1965).

The proposed amendment which would have deleted section 14(b) was defeated, and section 14(b) of the final Act is substantially identical to the S. 1564 provision which Senator Tydings defended on the Senate floor.

If section 14(b) was prompted by a desire on the part of Congress to [873]*873obtain uniformity of judicial decision in the first hectic months after passage of the Act, that Congressional desire would be frustrated quite as effectively by suits brought in different districts by individual plaintiffs as by suits brought by states or political subdivisions thereof.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shaw v. Barr
808 F. Supp. 461 (E.D. North Carolina, 1992)
Morgan v. Katzenbach
247 F. Supp. 196 (District of Columbia, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
244 F. Supp. 870, 1965 U.S. Dist. LEXIS 7350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-paris-vawd-1965.