Word: remanding
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...thousands, Negroes exercising their rights nonetheless seek to remove their cases from state to federal courts. Federal judges no longer send these cases back to state courts so readily as they used to; the 1964 Civil Rights Act permits remand orders to be appealed. Negroes still face a major hurdle: Southern federal district judges. Many are scrupulously fair, notably Alabama's Frank Johnson, an Eisenhower appointee, and Florida's Bryan Simpson, a Truman appointee. But others are deeply segregationist, a problem largely attributable to the Kennedy Administration, which surprisingly named such men as Mississippi's William...
...trying to preserve our segregation laws and traditions." Armed with tight control over their calendars, certain Southern district judges have delayed civil rights cases for months and years, played cat and mouse with the Fifth Circuit Court of Appeals and mocked the Supreme Court. Where possible, they remand cases for endless adjudication by state courts. When reversed, they take back the same case and start all over. Little can be done short of impeachment-a tactic successfully used only four times since...
...example, seek relief if the state denies him a fair trial and a federal judge refuses to listen? Must he travel the long road through the state courts to the U.S. Supreme Court? All over the South, arrested civil rights workers have complained that the tradition of immediate remand denies them federal hearings in cases of obviously violated constitutional rights. The answer to their complaint is Title IX of the 1964 Civil Rights Act, which now permits remands to be appealed to U.S. courts of appeals...
Spurred by the promise of Title IX, which became effective in July, more and more remand appeals have plagued the South's Fifth Circuit Court of Appeals. The cases range from trumped-up traffic violations against Mississippi rights workers to group petitions for several hundred defendants (including Massachusetts' Mrs. Malcolm Peabody, the Governor's mother) who were involved in last spring's racial demonstrations in St. Augustine...
...COFO attorneys' petition to remand the case to federal court had already been granted, however. Thus, a COFO spokesman indicated that the civil rights organization felt the city trial would be ruled void and that the 98 would be freed this morning...