Earl Warren

“ The Socialist Labor Party sought similar relief only three days after the September 10 order was issued. Mr. Justice Stewart granted provisional relief to one, but denied it to the other. No Ohio statutory deadline compelled that result, and presumably Ohio could have complied with an order granting the same relief to both Parties. [2] Both parties should be treated alike; otherwise, we are bowing to a show of strength rather than applying constitutional principles.
Appellants have invoked the equity jurisdiction of the federal courts. ”

“ A review of the facts before the District Court convinces me that it did not, and therefore the emergency relief sought by appellants should be denied.
The Socialist Labor Party has been an organized political party in Ohio since the end of the 19th century, and although it has not achieved ballot position since the enactment in 1948 of the laws it challenges, [4] not until July 2, 1968, did it press its claims for equitable relief. ”

“ Both suits were filed in July of this year, and both were decided on August 29, 1968. The following week the American Independent Party petitioned the Circuit Justice for its Circuit for provisional relief, which was granted on September 10. ”

“ In the analogous area of legislative apportionment, we have often tolerated a temporary dilution of voting rights to protect the legitimate interests of the States in fashioning their own election laws, see, e.g., Lucas v. ”