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extraordinary situation, and we are unwilling to stop short of the final considerations which seem to United States to dispose of the case. 16 The precise point of Giles'argument was that traditional equitable restraints on remedying deprivations of political rights should not preclude relief when a state engaged in a conspiracy to nullify the reconstruction Amendments -in as high-handed and flagrant a manner as imaginable. As Giles'lawyer put it, while money damages might adequately remedy routine voting-rights violations, it would be"absurd"to think such an award, however large, could be adequate when massive, race-based, constitutional disfranchisement was involved. Justice Harlan, in dissent, similarly went out of his way to observe that"the case involves questions of considerable importance. Given all this, it is rather an understatement, at the least, to describe Giles as a case "basically concerned with procedural issues of no lasting consequence Holmes, not seeing things this way, went on to address the"final considerations"that he sSerted had to be confronted to deal properly with the "new and extraordinary situation "Giles in fact presented. Fully appreciating the context of Giles, Holmes addressed those"final considerations with justifications themselves so final in character as to still, more than 100 years later, take a readers breath away The bill imports that the great mass of the white population intends to keep the blacks from voting. To meet such an intent something more than ordering the plaintiffs name to be inscribed upon the lists of 1902 will be needed. If the 16189US.at486 gIles Brief, at 7. 18189US.at494 CHarles A. Heckman, Keeping Legal History "Legal""and Judicial Activism in Perspective: A Reply to richard Pildes, Const. Comm.(2002)#,%?1 @,- C>" $ #,%?1 @%@ "( ' 9': B* + ! += ! " , 6 * " 0* 0 0 ? 1 : C* 0 /* . + * * 0 * * 7 9< : .C0 * "0 /* * + < + " 0 * .9.* : * 0 "9 0+": * . /* 0 +"<. " * 0 + + B* " " 0 * 0 .+ 9 + +/* . : C+ " * " " ." 9. 0 ** /* : " 0 "0 9 : . 0 9 0 6 * :" )* 6 " " 9 :0 5* + " # " . 0 = 9. 0 * . + * . . * #%0. D