Brown v. Chote

Supreme Court of the United States

411 U.S. 452

Brown, Secretary of State of California  v.  Chote

Appeal from the United States District Court for the Northern District of California

No. 71-1583.  Argued: February 22, 1973 --- Decided: May 7, 1973

Appellee, who sought to run for Congress but asserted that he was unable to pay California's statutory filing fee, filed a class action in District Court, challenging the constitutionality of the filing-fee statutes. In the face of an impending filing deadline, the District Court granted appellee's motion for a preliminary injunction.

Held: Given the possibility that appellee would prevail on the merits and the fact that appellee's opportunity to be a candidate would have been foreclosed, absent interim relief, the District Court did not abuse its discretion in granting a preliminary injection. Pp. 456-457.

342 F.Supp. 1353, affirmed and remanded.


BURGER, C.J., delivered the opinion for a unanimous Court.


Henry G. Ullerich, Deputy Attorney General of California, argued the cause for appellant. With him on the brief were Evelle J. Younger, Attorney General, and Iver E. Skjeie, Assistant Attorney General.

Philip Elman, by appointment of the Court, 409 U.S. 1035, argued the cause and filed a brief for appellee.[1]


  1. ↑ Melvin L. Wulf, Sanford J. Rosen, Marguerite Buckley, A.L. Wirin, Fred Okrand, and Laurence R. Sperber filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.
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