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MORGAN v. KATZENBACH

Civ. A. No. 1915-65.

247 F.Supp. 196 (1965)

John P. MORGAN and Christine Morgan, Plaintiffs, v. Nicholas DeB. KATZENBACH, as Attorney General of the United States, and New York City Board of Elections consisting of James M. Power, Thomas Mallee, Maurice J. O'Rourke, and John R. Crews, Defendants.

United States District Court District of Columbia.

Probable Jurisdiction Noted January 24, 1966.

Attorney(s) appearing for the Case

Alfred Avins, Memphis, Tenn., for plaintiffs.

St. John Barrett and David Rubin, Dept. of Justice, for defendant Katzenbach, and for Intervener United States.

Leo A. Larkin, Corp. Counsel of the City of New York, and Morris Einhorn, Asst. Corporation Counsel, New York City, for the defendants James M. Power and others.

Louis F. Lefkowitz, Atty. Gen. of the State of New York, Ruth Kessler Tock, Asst. Sol. Gen., and Jean M. Coon, Asst. Atty. Gen., Albany, N. Y., filed a brief as amici curiae in support of plaintiffs' position.

Before McGOWAN, Circuit Judge, HOLTZOFF, District Judge, and McGARRAGHY, District Judge.

Probable Jurisdiction Noted January 24, 1966. See 86 S.Ct. 621.

HOLTZOFF, District Judge.

The question presented in this case is whether the Congress has constitutional power to regulate by statute the qualifications of voters and to supersede the requirements prescribed by the States. Specifically the issue is the constitutionality of Section 4(e) of the Voting Rights Act of 1965, which in effect provides that no person who has been educated in an American...

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