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Wise Vs. Lipscomb
Cites for this judgment
- US Supreme Court
- Jun 22, 1978
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U.S. 535 (1978) U.S. Supreme Court Wise v. LipscombSearch
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U.S. 535 (1978) Wise v. LipscombSearch
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the plan only under constitutional standards without also applying the teaching of East Carroll Parish School Bd. v. MarshallSearch
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for purposes of federal court review, concluded that the instant case is controlled by Burns v. RichardsonSearch
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for failure to state a claim, but the Court of Appeals for the Fifth Circuit disagreed and remanded. Lipscomb v. JonssonSearch
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actions only under constitutional standards, rather than also applying the teaching of East Carroll Parish School Bd. v. MarshallSearch
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legislative bodies is a legislative task which the federal courts should make every effort not to preempt. Connor v. FinchSearch
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prefer single member districts over multimember districts, absent persuasive justification to the contrary. Connor v. JohnsonSearch
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U. S. 690 , 402 U. S. 692 (1971). We have repeatedly reaffirmed this remedial principle. Connor v. WilliamsSearch
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East Carroll Parish School Bd. v. MarshallSearch
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Connor v. PageSearch
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U. S. 541 Finch, supra, at 431 U. S. 415 . See also Chapman v. MeierSearch
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has declined to hold that state multimember districts are per se unconstitutional. See, for example, Whitcomb v. ChavisSearch
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supra, at 431 U. S. 415 , quoting from Roman v. SincockSearch
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until clearance has been obtained, should a court address the constitutionality of the new measure. Connor v. FinchSearch
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Page 437 U. S. 545 East Carroll Parish School Bd. v. MarshallSearch
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relief in respondents' favor, would alter the nature of the judgment issued by the Court of Appeals. See United States v. NewSearch
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the one in this case, were held unconstitutional because they departed from the one-person, one-vote rule of Reynolds v. SimsSearch
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which is the source of the very violation which the court is seeking to eliminate in racial dilution cases. Connor v. FinchSearch
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U. S. 407 , 431 U. S. 415 (1977). See White v. RegesterSearch
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of review by a federal court. In my view, however, his reasoning in reaching that conclusion casts doubt on Burns v. RichardsonSearch
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U. S. 73 (1966). Page 437 U. S. 548 MR JUSTICE WHITE reads East Carroll Parish School Bd. v. MarshallSearch
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that this aspect of Texas law was neither fully briefed nor argued, the assumption seems unnecessary. In Burns v. RichardsonSearch
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the Dallas City Council are distinguishable from those of the local governing body in East Carroll Parish School Bd. v. MarshallSearch
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law of remedies applicable to judicially devised reapportionment plans. I In East Carroll Parish School Bd. v. MarshallSearch
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have been subject to evaluation under the more stringent standards applicable to court-devised plans. See Connor v. FinchSearch
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presumption in favor of single member districts as a matter of federal remedial law is a strong one. See, e.g., Connor v. JohnsonSearch
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Whitcomb v. ChavisSearch
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U. S. 124 , 403 U. S. 158 -159 (1971). See also Chapman v. MeierSearch
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I do not agree with my Brother POWELL that Burns v. RichardsonSearch
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a temporary, court-ordered plan. See ante at 437 U. S. 540 (opinion of WHITE, J.). See also Connor v. WilliamsSearch
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U.S. Supreme Court Wise v. LipscombSearch
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of East Carroll Parish School Bd. v. MarshallSearch
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Lipscomb v. JonssonSearch
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the Court of Appeals. See United States v. NewSearch
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of Reynolds v. SimsSearch
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See White v. RegesterSearch
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In Burns v. RichardsonSearch
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I In East Carroll Parish School Bd. v. MarshallSearch
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See Connor v. FinchSearch
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In White v. RegesterSearch
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Gaffney v. CummingsSearch
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Mahan v. HowellSearch
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