Case: In re Wallace

58-01487 | U.S. District Court for the Middle District of Alabama

Filed Date: 1958

Closed Date: 1959

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Case Summary

This case is part of the Clearinghouse Special Collection on the events and litigation leading up to and surrounding the famous Selma-to-Montgomery marches of 1965. On October 23, 1958, the Department of Justice responded to complaints of voter discrimination in Alabama. The DOJ scheduled a public hearing in Montgomery, AL for Dec. 8, 1959 and in the meantime sought permission to examine registration and voting records of various counties. The custodians were the various county registrars and …

This case is part of the Clearinghouse Special Collection on the events and litigation leading up to and surrounding the famous Selma-to-Montgomery marches of 1965.

On October 23, 1958, the Department of Justice responded to complaints of voter discrimination in Alabama. The DOJ scheduled a public hearing in Montgomery, AL for Dec. 8, 1959 and in the meantime sought permission to examine registration and voting records of various counties. The custodians were the various county registrars and state Judge George Wallace. (Wallace, of course, later became the race-baiting governor of Alabama, and a failed presidential hopeful.) These officials refused permission, prompting the DOJ to issue subpoenas for the records of various counties between December 2 and 4, 1958.

Once again, state officials did not comply, prompting the DOJ to seek relief from the U.S. District Court for the Middle District of Alabama against the custodians. On Jan. 5, 1959, the court (Judge Frank Johnson) issued an order compelling the registrars and Judge Wallace to produce registration and voting records in their custody. Thereafter, the DOJ moved for further relief, seeking enforcement of subpoena and arguing that the state officials had not complied - and refused to comply - with that order. The state officials argued, among other things, that enforcement of the subpoena would violate Alabama's state sovereignty.

On Jan. 9, 1959, Judge Johnson ordered state officials to comply with the subpoena (170 F. Supp. 63). The federal court found that the Civil Rights Act's voter discrimination provisions were appropriately enacted under the Fifteenth Amendment's enforcement clause, and that Alabama's sovereignty therefore gave way to the enforcement of this federal law. The court found that the subpoena was appropriately issued pursuant to the Act's voter discrimination provisions, and that the DOJ permissibly requested the district court's intervention. Further, the court found that Judge Wallace did not have any sort of immunity or privilege due to his position as a judge with regard to obeying a subpoena issued under federal law pursuant to the Fifteenth Amendment.

The case is closed. We have limited access to case records and information, and we will update this page if more become available.

Summary Authors

Virginia Weeks (4/6/2018)

People


Judge(s)

Johnson, Frank Minis Jr. (Alabama)

Judge(s)

Johnson, Frank Minis Jr. (Alabama)

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Documents in the Clearinghouse

Document

58-01487

Opinion

Jan. 9, 1959

Jan. 9, 1959

Order/Opinion

170 F.Supp. 170

Docket

Last updated Feb. 17, 2024, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Civil Rights Division Archival Collection

Selma and Early Civil Rights Enforcement

Key Dates

Filing Date: 1958

Closing Date: 1959

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Registrar (Bullock), County

Registrar (Macon), County

Judge George Wallace, Private Entity/Person

Registrar (Barbour), County

Case Details

Causes of Action:

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Supremacy Clause

Special Case Type(s):

Warrant or subpoena application

Available Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1959 - None

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Test or device

Voting:

Voting: General & Misc.

Voter qualifications

Voter registration rules

Discrimination-basis:

Race discrimination

Race:

Black