# Cardona v. Power/Opinion of the Court

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* Dissenting Opinion Douglas
United States Supreme Court
384 U.S. 672
Cardona v. Power
Argued: April 18, 1966. --- Decided: June 13, 1966
This case was argued with Katzenbach v. Morgan, 384 U.S. 641, 86 S.Ct. 1731, 16 L.Ed.2d 828, also decided today. We there sustained the constitutionality of § 4(e) of the Voting Rights Act of 1965, and held that, by force of the Supremacy Clause and as provided in § 4(e), the State of New York's English literacy requirement cannot be enforced against persons who had successfully completed a sixth grade education in a public school in, or a private school accredited by, the Commonwealth of Puerto Rico in which the language of instruction was other than English. In this case, which was adjudicated by the New York courts before the enactment of § 4(e), appellant unsuccessfully sought a judicial determination that the New York English literacy requirement, as applied to deny her the right to vote in all elections, violated the Federal Constitution.
Appellant was born and educated in the Commonwealth of Puerto Rico and has lived in New York City since about 1948. On July 23, 1963, she attempted to register to vote, presenting evidence of United States citizenship, her age and residence; and she represented that although she was able to read and write Spanish, she could not satisfy New York's English literacy requirement. The New York City Board of Elections refused to register her as a voter solely on the ground that she was not literate in English. Appellant then brought this proceeding in state court against the Board of Elections and its members. She alleged that the New York English literacy requirement as applied was invalid under the Federal Constitution and sought an order directing the Board to register her as a duly qualified voter, or, in the alternative, directing the Board to administer a literacy test in the Spanish language, and, if she passed the test, to register her as a duly qualified voter. The trial court denied the relief prayed for and the New York Court of Appeals, three judges dissenting, affirmed. 16 N.Y.2d 639, 261 N.Y.S.2d 78, 209 N.E.2d 119, remittitur amended, 16 N.Y.2d 708, 827, 261 N.Y.S.2d 900, 209 N.E.2d 556, 210 N.E.2d 458. We noted probable jurisdiction. 382 U.S. 1008, 86 S.Ct. 614, 15 L.Ed.2d 524.
Although appellant's complaint alleges that she attended a school in Puerto Rico, it is not alleged therein nor have we been clearly informed in any other way whether, as required by § 4(e), she successfully completed the sixth grade of a public school in, or a private school accredited by, the Commonwealth. If she had completed the sixth grade in such a school, her failure to satisfy the New York English literacy requirement would no longer be a bar to her registration in light of our decision today in Katzenbach v. Morgan. This case might therefore be moot; appellant would not need any relief if § 4(e) in terms accomplished the result she sought. Cf., e.g., Dinsmore v. Southern Express Co., 183 U.S. 115, 119-120, 22 S.Ct. 45, 46, 46 L.Ed. 111. Moreover, even if appellant were not specifically covered by § 4(e), the New York courts should in the first instance determine whether, in light of this federal enactment, those applications of the New York English literacy requirement not in terms prohibited by § 4(e) have continuing validity. We therefore vacate the judgment, without costs to either party in this Court, and remand the cause to the Court of Appeals of New York for such further proceedings as it may deem appropriate.
It is so ordered.
Judgment vacated and cause remanded.
Mr. Justice DOUGLAS, with whom Mr. Justice FORTAS concurs, dissenting.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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