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White Vs. Regester
Cites for this judgment
- US Supreme Court
- Jun 18, 1973
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U.S. 755 (1973) U.S. Supreme Court White v. RegesterSearch
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U.S. 755 (1973) White v. RegesterSearch
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judge court had been properly convened, and this Court can review the declaratory part of the judgment below. Roe v. WadeSearch
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involved invidious discrimination in violation of the Equal Protection Clause. Cf. Gaffney v. CummingsSearch
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Smith v. CraddickSearch
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was eventually ordered, in light of the judicial invalidation of the House plan, to also reapportion the House. Mauzy v. LegislativeSearch
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A three-judge District Court sustained the Senate plan, but found the House plan unconstitutional. Graves v. BarnesSearch
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a stay of the judgment of the District Court, 406 U.S. 1201, and we noted probable jurisdiction sub nom. Bullock v. RegesterSearch
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have directly appealed to this Court the entry of a declaratory judgment unaccompanied by any injunctive relief, Gunn v. UniversitySearch
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U. S. 427 (1970), we conclude that we have jurisdiction of the entire appeal. Roe v. WadeSearch
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Florida Lime & Avocado Growers v. JacobsenSearch
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when a substantial constitutional claim was alleged, and an appeal to us, once properly here, has the same reach. Roe v. WadeSearch
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Carter v. JurySearch
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relied on Kirkpatrick v. PreislerSearch
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U. S. 526 (1969), to conclude that the permissible tolerances suggested by Reynolds v. SimsSearch
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suggested that Abate v. MundtSearch
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violation under the Fourteenth Amendment, absent special justification, the court was in error. It is plain from Mahan v. HowellSearch
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U. S. 315 (1973), and Gaffney v. CummingsSearch
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are not subject to the same strict standards applicable to reapportionment of congressional seats. Kirkpatrick v. PreislerSearch
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did not dilute the tolerances contemplated by Reynolds v. SimsSearch
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with respect to state districting, and we did not hold in Swann v. AdamsSearch
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U. S. 440 (1967), or Kilgarlin v. HillSearch
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U. S. 120 (1967), or Page 412 U. S. 764 later in Mahan v. HowellSearch
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of the judiciary to avoid invalidation under the Equal Protection Clause. For the reasons set out in Gaffney v. CummingsSearch
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unconstitutional when used in combination with single member districts in other parts of the State. Whitcomb v. ChavisSearch
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Burns v. RichardsonSearch
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Lucas v. ColoradoSearch
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districts are being used invidiously to cancel out or minimize the voting strength of racial groups. See Whitcomb v. ChavisSearch
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residents in the district to participate in the political processes and to elect legislators of their choice. Whitcomb v. ChavisSearch
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true of the order requiring disestablishment of the multi-member district in Bexar County. Consistently with Hernandez v. TexasSearch
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registration, voting, and other political activities. The District Court apparently paid due heed to Whitcomb v. ChavisSearch
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appeal, we summarily affirmed that portion of the judgment of the District Court upholding the Senate plan. Archer v. SmithSearch
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were not justified by a rational state policy would, in any event, require reconsideration and reversal under Mahan v. HowellSearch
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in forming representative districts. The District Court recognized the policy but, without the benefit of Mahan v. HowellSearch
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See Whitcomb v. ChavisSearch
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S. 124 , 403 U. S. 141 -148 (1971), and the cases discussed in n. 22 of that opinion, including Kilgarlin v. HillSearch
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conclusion I am in full agreement, as I also agree with and join Part I of the Court's opinion in No. 72-147, White v. RegesterSearch
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U.S. Supreme Court White v. RegesterSearch
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of the Equal Protection Clause. Cf. Gaffney v. CummingsSearch
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the House. Mauzy v. LegislativeSearch
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Bullock v. RegesterSearch
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Gunn v. UniversitySearch
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