LOCATION: Superior Court of Los Angeles County, CA
DOCKET NO.: 73-1531
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 421 US 213 (1975)
ARGUED: Feb 26, 1975
DECIDED: May 12, 1975
Ed Davis Noble, Jr. - for respondents
Frank R. Parker - for petitioners
Facts of the case
Media for Johnson v. MississippiAudio Transcription for Oral Argument - February 26, 1975 in Johnson v. Mississippi
Audio Transcription for Opinion Announcement - May 12, 1975 in Johnson v. Mississippi
Warren E. Burger:
The judgment and opinion in No. 73-1531, Johnson against Mississippi and in 73-1977, Alyeska Pipeline Service against The Wilderness Society will each be announced by Mr. Justice White.
Byron R. White:
In the Johnson case, petitioners were charged in Mississippi courts with the illegal boycott of local businesses.
They sought to remove the cases under 28 U.S.C. 1443 (1) which permits removal when defendants and local criminal cases are denied or cannot enforce their rights under any federal law providing for equal civil rights.
The District Court denied removal and the Court of Appeals affirmed.
We in turn affirm.
The case is controlled by our prior decision in Greenwood against Peacock.
Here as there, there is no federal statute conferring any rights of the necessary kind that are being denied by these prosecutions in the Mississippi courts.
The judgment is affirmed.
Mr. Justice Marshall has filed a dissenting opinion with whom Mr. Justice Brennan has joined.
Mr. Justice Dougla took no part in the consideration and decision of the case.