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UNITED STATES V. ALABAMA, 362 U. S. 602 (1960)

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U.S. Supreme Court

United States v. Alabama, 362 U.S. 602 (1960)

United States v. Alabama

No. 398

Argued May 2, 1960

Decided May 16, 1960

362 U.S. 602


Alleging a course of racially discriminatory practices calculated to deprive Negro citizens of their voting rights, the United States brought an action for declaratory and injunctive relief under the Civil Rights Act of 1957 against the Board of Registrars of an Alabama county, the individual members thereof and the State of Alabama. The District Court dismissed the complaint, holding, inter alia, that the Civil Rights Act of 1957 did not authorize the action against the State. The Court of Appeals affirmed, and this Court granted certiorari. Before the case was heard in this Court, the Civil Rights Act of 1957 was amended so as expressly to authorize such actions to be brought against a State.

Held: by virtue of that amendment, which is to be applied to this case, the District Court now has jurisdiction to entertain this action against the State. Accordingly, both of the judgments below are vacated, and the case is remanded to the District Court with instructions to reinstate the action as to the State. Pp. 362 U. S. 602-604.

267 F.2d 808, judgments vacated and case remanded.

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