Chris has a master's degree in history and teaches at the University of Northern Colorado. ] The Court refers to the cited page for the proposition that members of a minority group have no federal right "to be represented in legislative bodies in proportion to their number in the general population." "[A] cultural incompatibility . In these circumstances, although appellants could not have directly appealed to this Court the entry of a declaratory judgment unaccompanied by any injunctive relief, Gunn v. University Committee, 399 U. S. 383 (1970); Mitchell v. Donovan, 398 U. S. 427 (1970), we conclude that we have jurisdiction of the entire appeal.   1205 (1970). The Court's approach of focusing only on the five districts would allow covered municipalities to conceal discriminatory changes by making them a step at a time, and sending one two- or three-district alteration after another to the Attorney General for approval. 14 Sciences, Culinary Arts and Personal   The Court reasons that even in the absence of any explanation for the failure to achieve equality, the showing of a total deviation of almost 8% does not make out a prima facie case of invidious discrimination under the Fourteenth Amendment. [425 [412 A four-day trial begins in Graves v. Barnes. (1960), the Court suggested that legislative purpose alone is determinative, although language in both cases may be isolated that seems to approve some inquiry into effect insofar as it elucidates purpose. At the time of MALDEF’s lawsuit, voting rights advocates were celebrating the toppling of other voter suppression tools – literacy tests and poll taxes – that were outlawed by Congress or ruled unconstitutional by the courts in the 1960s and early 1970s. Other groups sued over a similar voting district in Dallas County that diluted the African American vote. MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN joins, dissenting. But the decision to uphold the state apportionment schemes reflects a substantial and very unfortunate retreat from the principles established in our earlier cases, and I therefore must state my dissenting views. As Texas’ attorney general and now as its governor, Greg Abbott has led the fight to challenge the federal government across a range of issues, from abortion to environmental regulation, from gay marriage to the Affordable Care Act. justified by "acceptable reasons" grounded in state policy; relied on Kirkpatrick v. Preisler, The court will give the states some rights to determine the method of counting persons, but will put upon states a very heavy burden to use anything other than total population. On the other hand, the court might decide that districts should be drawn on the basis of actual voters in a district. After properly returning The "anti-single-shot" rule is a requirement that in a multi-member district the voter must vote for as many candidates as there are seats to be filled. Finally, it is no answer to suggest that precise mathematical equality is an unsatisfactory goal in view of the inevitable inaccuracies of the census data on which the plans are based. Footnote 10 See Taylor v. McKeithen, 499 F.2d 893, 896 (CA5). 8 After the 1970 census the council devised a reapportionment plan, under which there would be Negro population majorities in two councilmanic districts and a Negro voter majority in one. See infra, at 142. Four lawsuits, eventually consolidated, were filed challenging the at 142. have the effect of denying or abridging the right to vote on account of race or color" within the meaning of 5 of the Voting Rights Act. ", 403 U.S. at 403 U. S. 111. [ 10 worthy of judicial abstinence."   422 Applying 5 in this way would at times require the drawing of district lines based on race; but Congress has this power where deliberate discrimination at the polls U.S. 526, 530 Study.com has thousands of articles about every The District Court held the state plan invalid on the ground that "the deviations from equality of populations of the . a scholastic obsession with abstract numbers nor a rigid insensitivity to the political realities of the reapportionment process. See Whitcomb v. Chavis, courses that prepare you to earn The total spread of deviation - a figure deemed relevant in each of our earlier decisions - was 7.83%. Did you know… We have over 200 college 9 386 Texas joined other states in challenging the president’s executive actions in deferring deportation for people who were brought here without documents as children, and, later, their parents. , quoting Allen v. State Board of Elections, (1971). (1960). ] Because I read 5 as incorporating the standards of the Fifteenth Amendment, see nn. | {{course.flashcardSetCount}} See H. R. Rep. No. White v. Regester, supra, at 765-766. [Footnote 14] The District Court also concluded from the evidence that the Bexar County legislative delegation in the House was insufficiently responsive to Mexican-American interests. 7, Insofar as the District Court's judgment rested on the conclusion that the population differential of 9.9% from the ideal district between District 3 and District 85 made out a prima facie equal protection violation under the Fourteenth Amendment, absent special justification, the court was in error. The table provided by appellees, set out in full in the margin, [Footnote 2/7] reveals that, in almost one-half of the States, the total variance in population of senatorial districts was within 5% to zero. . Reynolds v. Sims, 377 U. S. 533, 377 U.S. 577 (1964). to be heard and determined by a district court of three judges" within the meaning of § 1253. U.S. 120 [Footnote 2/1] See Whitcomb v. Chavis, 403 U. S. 124, 403 U. S. 142-144 (1971); Burns v. Richardson, 384 U. S. 73, 384 U. S. 88 (1966); Fortson v. Dorsey, 379 U. S. 433, 379 U. S. 439 (1965). 4 and Supp. [ Moreover, the boundary lines of 29 of these 47 towns were cut more than once, and the plan created "78 segments of towns in the formation of 151 assembly districts." Since we have concluded that the 9.9% total deviation is not the result of a good faith attempt to achieve population equality as nearly as practicable, it is unnecessary for us to resolve this complex computational conflict.". Supp., at 726. 394 The Act's limited term is proof that Congress intended to secure prompt, and not gradual, relief. A group of Negro voters of New Orleans intervened on the side of the defendants in the District Court.

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