Opinion · Supreme Court of the United States
Connor v. Johnson
Connor v. Johnson, 402 U.S. 690 (1971)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1971-06-14
- Topic
- general
How later courts describe this case
- holding that covered jurisdictions need not preclear voting changes ordered by a federal court
- “[S]ingle-member districts are preferable to large multi-member districts as a general matter.”
- An interim remedial decree of the United States District Court is not within reach of Section 5 of the Voting Rights Act
- “Section Five’s preclearance mechanism does not apply to courts in creating remedial apportionment plans.”
Citator
Connor v. Johnson is good law as far as the corpus records: followed by 1 later decision, and nothing recorded condemns it.
- Authority status
- positive
- Cited by
- 195 opinions
- Followed
- 1 times
Headnotes
- Election & Voting Law — Section 5 Preclearance A decree of a United States District Court is not within the reach of Section 5 of the Voting Rights Act of 1965, so relief under that section may not be granted to stay or extend the effect of such a decree.
- Election & Voting Law — Single-Member Districts When district courts are forced to fashion apportionment plans, single-member districts are preferable to large multi-member districts as a general matter.
- Election & Voting Law — Feasibility of Single-Member Districts A district court fashioning an apportionment plan must devise single-member districts where the available census data and the demonstrated speed with which alternative plans can be prepared show that the court has ample time to do so before the candidacy filing deadline; the absence of a genuine time constraint does not justify resort to multi-member districts.
- Election & Voting Law — Extension of Filing Deadlines Where a district court is directed to put into effect a new single-member districting plan, the court should extend the candidacy filing deadline for candidates from the affected area to an appropriate date so that the candidates and the State may act in light of the new districts.
On May 14, 1971, a three-judge District Court, convened in the Southern District of Mississippi, invalidated the Mississippi Legislature's latest reapportionment statute as allowing impermissibly large variations among House and Senate districts. The parties were requested by the court to submit suggested plans, and the applicants did so on May 17. All four plans suggested by applicants utilized single-member districts ex
Applicants moved the District Court to stay its order. The motion was denied on May 24. Applicants have now applied to this Court for a stay of the District Court’s order and for an extension of the June 4 filing deadline until the District Court shall have provided single-member districts in Hinds County, or until the Attorney General or the District Court for the District of Columbia approves the District Court’s apportionment plan under Section 5 of the Voting Rights Act of 1965, 79 Stat. 439, 42 U. S. C. § 1973c (1964 ed., Supp. V).
Insofar as applicants ask relief under the Voting Rights Act the motion for stay is denied. A decree of the United States District Court is not within reach of Section 5 of the Voting Rights Act. However, other reasons lead us to grant the motion to the extent indicated below.
The District Court’s judgment was that single-member districting would be “ideal” for Hinds County. We agree that when district courts are forced to fashion apportionment plans, single-member districts are preferable to large multi-member districts as a general matter. Furthermore, given the census information apparently available and the dispatch with which the applicants devised suggested plans for the District Court, it is our view that, on this record, the District Court had ample time to devise single-member districts for Hinds County prior to the June 4 filing deadline. While meeting the June 4 date is no longer possible, there is nothing before us to suggest any insurmountable barrier to devising such a plan by June 14, 1971. Therefore the motion for stay is granted and the judgment below is stayed until June 14. The District Court is instructed, absent insurmountable difficulties, to devise and put into effect a single-member district plan for Hinds County by that date.
It is so ordered.
The Chief Justice, Mr. Justice Black, and Mr. Justice Harlan dissent and reserve the right to file an opinion to that effect.