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Mahan Vs. Howell
Cites for this judgment
- US Supreme Court
- Feb 21, 1973
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U.S. 315 (1973) U.S. Supreme Court Mahan v. HowellSearch
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U.S. 315 (1973) Mahan v. HowellSearch
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that both houses of a bicameral state legislature be apportioned substantially on a population basis ( Reynolds v. SimsSearch
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on official census tracts, was constitutionally impermissible discrimination against military personnel, cf. Davis v. MannSearch
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enjoined the holding of elections in electoral districts other than those established by the court's opinion. Howell v. MahanSearch
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Fairfax County, was allotted 10 delegates but was divided into two five-member districts. Relying on Kirkpatrick v. PreislerSearch
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U. S. 526 (1969), Wells v. RockefellerSearch
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U. S. 542 (1969), and Reynolds v. SimsSearch
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within passable constitutional limits as a good faith effort to achieve absolute equality.' Kirkpatrick v. PreislerSearch
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Howell v. MahanSearch
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F.Supp. at 1147-1148. Appellants contend that the District Court's reliance on Kirkpatrick v. PreislerSearch
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supra, and Wells v. RockefellerSearch
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Assembly's reapportionment plan was erroneous, and that proper application of the standards enunciated in Reynolds v. SimsSearch
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supra, would have resulted in a finding that the statute was constitutional. In Kirkpatrick v. PreislerSearch
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and Wells v. RockefellerSearch
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The express purpose of these cases was to elucidate the standard first announced in the holding of Wesberry v. SandersSearch
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both houses of a bicameral state legislature to be apportioned substantially on a population basis in Reynolds v. SimsSearch
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Id. at 394 U. S. 579 . By contrast, the Court in Wesberry v. SandersSearch
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the Equal Protection Clause in state legislative redistricting because of the considerations enumerated in Reynolds v. SimsSearch
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supra. The dichotomy between the two lines of cases has consistently been maintained. In Kirkpatrick v. PreislerSearch
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along existing political subdivision boundaries. This argument was rejected in the congressional context. But in Abate v. MundtSearch
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make applicable to congressional reapportionment, but instead by the equal protection test enunciated in Reynolds v. SimsSearch
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State's policy of maintaining the integrity of political subdivision lines -- is not a new one to this Court. In Davis v. MannSearch
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the legislative plan was constitutionally invalid. Howell v. MahanSearch
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County, a result that this Court might we'll have been thought to disfavor as a result of its opinion in Connor v. JohnsonSearch
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language used in Wesberry v. SandersSearch
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supra, and Reynolds v. SimsSearch
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has heretofore been imposed upon an apportionment plan for a state legislature by this Court was enunciated in Swann v. AdamsSearch
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legislative reapportionment plans that have been struck down by previous decisions of this Court. See, e.g., Reynolds v. SimsSearch
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and Kilgarlin v. HillSearch
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and reverse the District Court's conclusion Page 410 U. S. 330 to the contrary. We also affirm Weinberg v. PrichardSearch
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of the Fifth, Sixth, and Seventh Districts, encompassing the city of Norfolk and a portion of Virginia Beach. Howell v. MahanSearch
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discriminatory treatment of military personnel in legislative reapportionment is constitutionally impermissible, Davis v. MannSearch
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of interim remedial techniques in voting rights cases has largely been left to the district courts. Reynolds v. SimsSearch
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filing deadline for primary candidates. Prior to the time the court acted, this Court had handed down Whitcomb v. ChavisSearch
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Clause. The court conscientiously considered both the legislative policy and this Court's admonition in Connor v. JohnsonSearch
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mandate of this Court that voting discrimination against military personnel is constitutionally impermissible, Davis v. MannSearch
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Together with No. 71-373, City of Virginia Beach v. HowellSearch
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et al., on appeal from the same court, and No. 71-444, Weinberg v. PrichardSearch
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in certain metropolitan areas. Between his interposition and the trial of these cases, this Court decided Whitcomb v. ChavisSearch
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The Court initially noted probable jurisdiction in the related case of Thornton v. PrichardSearch
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In Connor v. WilliamsSearch
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it did not consider two counties because of their asserted isolation from the remainder of the State. Howell v. MahanSearch
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