Connor v. Coleman, 78-1013

• Decision Date: 26 March 1979
• Docket Number: No. 78-1013,78-1013
• Parties: Peggy J. CONNOR et al. v. J. P. COLEMAN, Judge, United States Court of Appeals, et al
• Court: U.S. Supreme Court

440 U.S. 612

99 S.Ct. 1523

59 L.Ed.2d 619

Peggy J. CONNOR et al.

v J. P. COLEMAN, Judge, United States Court of Appeals, et al

No. 78-1013

Supreme Court of the United States

March 26, 1979

On motion for leave to file a petition for a writ of mandamus.

March 26, 1979. PER CURIAM.

Petitioners are plaintiffs in a suit seeking reapportionment of the Mississippi Legislature. In the most recent of the Court's decisions in this extended litigation, Connor v. Finch, 431 U.S. 407, 426, 97 S.Ct. 1828, 52 L.Ed.2d 465 (1977), it reversed the judgment of the District Court and directed that court to draw a new reapportionment plan for the 1979 elections "with a compelling awareness of the need for its expeditious accomplishment."

On remand, and after further proceedings, the parties developed a settlement plan. Negotiations broke down, however, over the wording of a consent decree. In the meantime, the State had adopted a new statutory reapportionment plan fashioned by the legislature. Because the Attorney General of the United States, acting pursuant to the Voting Rights Act of 1965, 42 U.S.C. § 1973c, refused to approve the legislature's plan, the State brought suit under the Act in the United States District Court for the District of Columbia, seeking a declaration that the plan does not have a discriminatory purpose or effect.

Acting on the state defendants' motion, the District Court in this case determined to stay all proceedings until judgment was entered in the District of Columbia litigation. If upheld, the statutory plan would supersede any court-ordered one. See Wise v. Lipscomb, 437 U.S. 535, 539-542, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). Petitioners then submitted this motion for leave to file a petition for a writ of mandamus to require the District Court to adopt a plan. Petitioners contend that some reapportionment scheme must be in effect by June 7, the filing deadline for the 1979 elections. Petitioners argue that the legislature's plan may not be in effect by that date, and that, unless the court files its plan now, time limitations effectively will preclude them from obtaining review of that order in this Court. It is argued in response that immediate filing would be unduly disruptive if the filed plan were supplanted before June 7. The District Court has indicated, however, that, absent the conclusion of the District of Columbia suit, it will order a plan into effect on May 7.

The only issue here, therefore, is whether this Court should require the District Court to file its plan now rather than on May 7; we do not question the good faith of the District Court. We believe, however, that the better course is to file its plan now. In the unlikely event that a legislative plan should supersede the court plan before May 7, potential candidates would have more than a month to reassess their prospects. If, on the other hand, the legislative plan does not go into effect and the court plan is filed only on May 7, this Court will be faced with requests for emergency review that, if granted, could force changes only days before the June 7 deadline. Leave to file the petition is therefore granted. The District Court is instructed, forthwith and without further delay, to adopt a final plan for the reapportionment of the Mississippi Legislature. Our consideration of the petition for a writ of mandamus is continued for 30 days. See Connor v. Coleman, 425 U.S. 675, 679, 96 S.Ct. 1814, 48 L.Ed.2d 295 (1976).

It is so ordered.

Mr. Justice POWELL took no part in the decision of this motion.

Mr. Justice MARSHALL, dissenting.

For 13 years, the three-judge District Court for the Southern District of Mississippi has avoided implementing an apportionment plan for that State which satisfies the requirements of the Equal Protection Clause. The case now comes before us for the eighth time, after the District Court chose to ignore our directive, issued nearly 22 months ago, that it resolve this controversy expeditiously. In my view, the Court cannot tolerate such defiance. Accordingly, not only would I grant plaintiffs' motion, which the United States supports, for leave to file a petition for writ of mandamus, but I would issue the writ as well.

This litigation began in 1965 when private plaintiffs successfully challenged the extreme population variances of the existing legislative apportionment. Connor v. Johnson, 256 F.Supp. 962 (1966). After the legislature enacted a reapportionment that failed to meet constitutional standards, the District Court formulated its own temporary plan for the 1967 quadrennial elections. Under the plan, 34 of the 52 house districts and 10 of the 36 senate districts were multimember. See Connor v. Finch, 431 U.S. 407, 410 n. 3, 97 S.Ct. 1828, 52 L.Ed.2d 465 (1977). The variance from absolute population equality between the largest and smallest house districts was 20.83%, and the variance in senate districts was 23.24%. Connor v. Johnson, 265 F.Supp. 492, 504-507 (1967). On appeal, this Court affirmed without opinion use of the temporary plan. 386 U.S. 483, 87 S.Ct. 1174, 18 L.Ed.2d 224 (1967).

The District Court struck down a second legislative reapportionment in 1971. In its place, the court devised a final plan for the 1971 elections which authorized multimember representation for most house districts and almost half of the senate districts. Connor v. Johnson, 330 F.Supp. 506 (D.C.1971). The court failed to formulate a final plan for the State's three largest counties, instead ordering interim multimember representation in those areas.

Upon the plaintiffs' motion, this Court stayed the judgment of the District Court. Emphasizing that "when district courts are forced to fashion apportionment plans, single-member districts are preferable to large multimember districts as a general matter" because they more closely reflect voter preferences, Connor v. Johnson, 402 U.S. 690, 692, 91 S.Ct. 1760, 29 L.Ed.2d 268 (1971), we ruled that the District Court could have implemented single-member districts for one of the three counties before the June 4 filing deadline. We therefore instructed the court to extend the deadline to June 14, 1971, and, "absent insurmountable difficulties," to "devise and put into effect" a single-member district plan for the county by that date. Ibid. On remand, however, the court did not institute single-member districts because it found that the difficulties were in fact insurmountable. Connor v. Johnson, 330 F.Supp. 521 (1971). This Court denied further interlocutory relief. 403 U.S. 928, 91 S.Ct. 2241, 29 L.Ed.2d 722 (1971).

The case came here again on direct appeal after the 1971 elections. We unanimously concluded that the 18.9% variance between the largest and smallest senate districts, and the 19.7% variance between the largest and smallest house districts "raise[d] substantial questions concerning the constitu- tionality of the District Court's plan as a design for permanent apportionment." Connor v. Williams, 404 U.S. 549, 550, 92 S.Ct. 656, 30 L.Ed.2d 704 (1972). Nevertheless, the Court declined to invalidate elections that had already been held. Id., at 550-551, 92 S.Ct. 656. Similarly, we found it unnecessary to determine the prospective validity of the plan because the District Court had retained jurisdiction over the three counties in which it had imposed interim multimember representation and had stated that a Special Master would be appointed in January 1972 to consider whether these counties could be divided into districts of substantially equal population for the 1975 and 1979 elections. Id., at 551, 92 S.Ct. 656. Reiterating our preference for single-member districts in judicially fashioned apportionment plans, we summarily vacated and remanded the case with directions that the proceedings before a Special Master "go forward and be promptly concluded." Ibid. (emphasis added).

Despite our instructions, no Special Master was appointed. See Connor v. Coleman, 425 U.S. 675, 676, 96 S.Ct. 1814, 48 L.Ed.2d 295 (1976). In April 1973, over a year after our judgment had issued, the Mississippi Legislature enacted a new reapportionment. The plaintiffs immediately filed objections to the plan on April 18. Almost two years later, in February 1975, the District Court finally held a hearing on those objections. While its decision was pending, the court learned that the legislature was considering revisions to the statutory plan. "Heeding the teachings" of Chapman v. Meier, 420 U.S. 1, 95 S.Ct. 751, 42 L.Ed.2d 766 (1975), that reapportionment is primarily the responsibility of state legislatures, the District Court further delayed its decision for the expected legislative action. Connor v. Waller, 396 F.Supp. 1308, 1311 (1975). When the legislature finally acted in April 1975, the court dismissed the plaintiffs' complaint and directed them to file an amended complaint addressing the new reapportionment. Ibid. The plaintiffs filed their complaint, and the court entered judgment essentially approving the 1975 legislative plan. Id., at 1332. In June 1975, this Court summarily and unanimously reversed. Connor v. Waller, 421 U.S. 656, 95 S.Ct. 2003, 44 L.Ed.2d 486. We held that the Mississippi reapportionment Acts "are not now and will not be effective as laws until and unless cleared pursuant to § 5" of the Voting Rights Act. Ibid. Relying on the unambiguous holdings of Allen v. State Board of Elections, 393 U.S. 544, 89 S.Ct. 817, 22 L.Ed.2d 1 (1969), and Perkins v. Matthews, 400 U.S. 379, 91 S.Ct. 431, 27 L.Ed.2d 476 (1971), we ruled that the District Court had erred in deciding the constitutional challenges to the Acts. Under these cases, the only inquiry open to the court was whether § 5 covered a state enactment that had not received the requisite federal scrutiny. 400 U.S., at 383-384, 91 S.Ct. 431; 393 U.S., at 558-561, 89 S.Ct. 817. Georgia v. United States, 411 U.S. 526, 93 S.Ct. 1702, 36 L.Ed.2d 472 (1973), clearly had held that § 5...