After invalidating senatorial apportionment provisions in the
Illinois Constitution and statutes, a Federal District Court
ordered that any corrective provisions be submitted to it before
any election thereunder, failing which it would issue a show cause
order as to why State Senators should not be elected at large in
1966 and thereafter. Previously, a case had been filed in state
court attacking the composition of the legislature which, after the
federal court order, the State Supreme Court decided on appeal,
holding the State Senate composition invalid. The court expressed
confidence that the legislature, at its current session, would take
corrective action and retained jurisdiction to insure that the 1966
election was pursuant to a valid plan. Thereafter, appellant here
unsuccessfully moved the District Court to vacate its order and
stay proceedings in light of the State Supreme Court opinion.
Held: appropriate state action to correct
malapportionment is to be encouraged. The District Court order is
vacated, and the case remanded for the fixing of a reasonable time
for valid senatorial redistricting by an agency of the State,
including its Supreme Court, before the 1966 election, with
retention of jurisdiction by the District Court for appropriate
action, including an order for a valid reapportionment plan,
failing timely state action.
241 F.
Supp. 715 vacated and remanded.
Page 381 U. S. 408
PER CURIAM.
Upon remand of this case,
Germano v. Kerner,
378 U. S. 560
(1964), for further proceedings consistent with the views stated in
Reynolds v. Sims, 377 U. S. 533
(1964), the District Court, on January 22, 1965, entered a judgment
declaring invalid Art. IV, § 6, of the Illinois Constitution
and Ill.Rev.Stat., c. 46, §§ 158-1 to 158-5 (1963),
apportioning the Illinois Senate, directing that all members of the
Illinois General Assembly be made parties defendant, and requiring
that "any implementation, amendment or substitution of all or part
of the said defective portions" of the Illinois Constitution or
legislation be submitted to it for approval before the holding of
any election thereunder. It further held that, if no such
"implementation, amendment or substitution" was submitted, it would
order the parties to show cause why all Illinois State Senators
should not be elected from the State at large in the 1966 election
and every four years thereafter.
In April, 1964, the case of
People ex rel. Engle v.
Kerner was filed in the Circuit Court of Sangamon County,
Illinois. It contested the composition of both houses of the
General Assembly, but was dismissed by the trial court. Upon
appeal, the Supreme Court of Illinois, on February 4, 1965, held
the composition of the Illinois Senate invalid; the court expressed
confidence that the General Assembly would "successfully perform
its duty to enact a constitutionally valid plan during its current
session," which expires July 1, 1965. However, the court retained
jurisdiction of the case "for the purpose of taking such
affirmative action as may be necessary to insure that the 1966
election is pursuant to a constitutionally valid plan."
32 Ill. 2d
212, 225,
205 N.E.2d
33, 41.
On February 8, 1965, the appellants here moved that the United
States District Court reconsider and vacate its order of January
22, 1965, and stay further proceedings
Page 381 U. S. 409
in light of the Supreme Court of Illinois' opinion in
Engle,
supra. This the District Court refused to do. Direct appeal
was perfected here, 28 U.S.C. § 1253 (1958 ed.), and the
appellants have now moved to stay the judgment of the District
Court.
*
We believe that the District Court should have stayed its hand.
The power of the judiciary of a State to require valid
reapportionment or to formulate a valid redistricting plan has not
only been recognized by this Court, but appropriate action by the
States in such cases has been specifically encouraged.
Maryland
Committee for Fair Representation v. Tawes, 377 U.
S. 656,
377 U. S. 676
(1964);
Scranton v. Drew, 379 U. S.
40 (1964), citing
Butcher v. Bloom, 415 Pa.
438, 203 A.2d 556 (1964);
Jackman v. Bodine, 43 N.J. 453,
473,
205 A.2d
713, 724 (1964).
See also Kidd v. McCanless, 200 Tenn.
273,
292
S.W.2d 40 (1956), and discussion thereof in
Baker v.
Carr, 369 U. S. 186,
369 U.S. 235-236
(1962).
We therefore vacate the order of the District Court dated May 7,
1965. The case is remanded with directions that the District Court
enter an order fixing a reasonable time within which the
appropriate agencies of the State of Illinois, including its
Supreme Court, may validly redistrict the Illinois State Senate;
provided that the same be accomplished within ample time to permit
such plan to be utilized in the 1966 election of the members of the
State Senate, in accordance with the provisions of the Illinois
election laws. Ill.Rev.Stat., c. 46 (1963).
The District Court shall retain jurisdiction of the case, and,
in the event a valid reapportionment plan for the State Senate is
not timely adopted, it may enter such orders as it deems
appropriate, including an order for a valid reapportionment plan
for the State Senate or an
Page 381 U. S. 410
order directing that its members be elected at large pending a
valid reapportionment by the State itself.
It is so ordered.
MR. JUSTICE HARLAN concurs in the result.
MR. JUSTICE GOLDBERG took no part in the consideration or
decision of this case.
* The motion to dispense with the printing of the jurisdictional
statement is granted.
