Earl F. Cook v. Ben W. Fortson

Background

Voters sued to invalidate Georgia’s county unit system used to pick candidates for U.S. Representative and Governor, claiming it deprived them and other voters of equal protection under the Fourteenth Amendment. Three-judge District Courts denied requests for temporary injunctions and then, relying in part on prior case law, declined to grant the requested relief while addressing motions and facts about party certification and ballot preparation.

Reasoning

The core questions were whether the county unit system violates voters’ equal-protection rights and whether federal courts should or can grant injunctions or declaratory relief in these circumstances. The District Courts relied on an earlier decision that limited equitable relief. A per curiam disposition dismissed the appeals and directed dismissal of the bills. The Court’s participating justices were divided: a majority would deny the relief, but some justices disagreed about whether the Court should even decide jurisdictional questions at this stage.

Real world impact

Because the appeals were dismissed and some election steps already occurred (party certifications and ballot forms sent), much of the requested immediate relief became difficult or impossible to provide. Declaratory relief was still sought, but the availability of such relief remained uncertain. The outcome, as decided in the per curiam action, means challengers did not obtain court orders to change how Georgia’s primaries or ballots were handled before the elections took place.

Dissents or concurrances

Mr. Justice Rutledge urged postponing jurisdictional questions and hearing the merits, and he recommended granting rehearing in the earlier controlling case; Justices Black and Murphy favored noting probable jurisdiction.