Louis Shub v. Vivian v. Simpson, Secretary of State of Maryland
Headline: A Progressive Party candidate’s request to speed Supreme Court review of Maryland’s rejection of his nominating papers is denied, likely leaving his ballot eligibility unresolved before the election.
Holding:
- Likely prevents candidate from resolving ballot eligibility before the election.
- Leaves state-court rejection of nominating papers in effect during appeal.
- Related House candidate’s certiorari petition denied; no expedited relief granted.
Summary
Background
A Progressive Party candidate for Governor of Maryland, Louis Shub, tendered his certificate of nomination on August 18 but the Secretary of State rejected it because he did not file an affidavit required by the Maryland Subversive Activities Act of 1949. Shub sued in state court seeking a writ of mandamus to compel the Secretary to accept his papers. The circuit court sustained the Secretary’s demurrer and dismissed the petition. The Maryland Court of Appeals affirmed by per curiam order on October 12, with two judges dissenting and saying a full opinion would follow. Shub filed an appeal to the Supreme Court and moved to have the case advanced and expedited; the motion was denied.
Reasoning
The principal procedural question was whether the Supreme Court should speed up review before the November election. The Court denied the motion to advance and expedite. The Court’s order leaves the Maryland court’s decision in place while normal appellate processing continues. A separate petition for certiorari in a related House-of-Representatives candidate’s case was denied.
Real world impact
Because the denial is procedural and not a final ruling on the merits, the state court outcome remains effective for now. The immediate practical effect is that Shub may be unable to secure a final federal decision before the election, which could make the dispute moot. The Court did not resolve the underlying constitutional questions in this order.
Dissents or concurrances
Three Justices—the Chief Justice, Justice Black, and Justice Douglas—dissented from the denial to advance. They argued the Court should have expedited review because election law timing sharply limits judicial review and there was no showing of delay by the candidate.
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