MARSHALL v. HARE
| Decision Date | 22 June 1964 |
| Court | U.S. Supreme Court |
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
Decided June 22, 1964.
Judgment reversed and case remanded.
Reported below: 227 F. Supp. 989.
Theodore Sachs for appellants.
Robert A. Derengoski, Solicitor General of Michigan, Stanton S. Faville, Chief Assistant Attorney General, and James R. Ramsey and Russell A. Searl, Assistant Attorneys General, for Hare et al.; and Edmund E. Shepherd and R. William Rogers for Beadle et al., appellees.
The judgment below is reversed. Reynolds v. Sims, 377 U.S. 533; Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 713. The case is remanded for further proceedings consistent with the views stated in our opinions in Reynolds v. Sims and in the other cases relating to state legislative apportionment decided along with Reynolds.
MR. JUSTICE CLARK and MR. JUSTICE STEWART would affirm the judgment because the Michigan system of legislative apportionment is clearly a rational one and clearly does not frustrate effective majority rule.
MR. JUSTICE HARLAN dissents for the reasons stated in his dissenting opinion in Reynolds v. Sims, 377 U.S. 533, 589.
To continue reading
Request your trial
-
Silver v. Jordan
... ... Marsh, 232 F.Supp. 411 (Nebr., July 1964) ... Any reliance by the defendants on Scholle v. Hare, 367 Mich. 176, 116 N.W. 2d 350, and its subsequent companion cases, under the 1963 Michigan Constitution, Art. IV, §§ 2-6, in 372 Mich. 418, 126 ... 461, 126 N.W.2d 731 and 128 N.W.2d 350) is now futile. This is necessarily so, for the Supreme Court in a per curiam decision, Marshall v. Hare, 378 U.S. 561, 84 S.Ct. 1912, 12 L.Ed.2d 1036; based on Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, and Lucas v. Colorado General ... ...
-
Apportionment of State Legislature 1992, In re
... ... 13 See Scholle v. Secretary of State, 360 Mich. 1, 104 N.W.2d 63 (1960), vacated and remanded sub. nom., Scholle v. Hare, 369 U.S. 429, 82 S.Ct. 910, 8 L.Ed.2d 1 (1962), reh. den., 370 U.S. 906, 82 S.Ct. 1247, 8 L.Ed.2d 402 (1962), Scholle v. Secretary of State (On ... at 149, 321 N.W.2d at 585, app. dis. sub nom., Kleiner v. Sanderson, 459 U.S. 900, 103 S.Ct. 201, 74 L.Ed.2d 161 (1982) ... 20 Marshall v. Hare, 378 U.S. 561, 84 S.Ct. 1912, 12 L.Ed.2d 1036 (1964) ... 21 As this Court explained in the 1982 case, 413 Mich. at 140-142, 321 N.W.2d ... ...
-
Citizens Protecting Michigan's Constitution v. Sec'y of State
... ... 116 See id ... at 567, 84 S.Ct. 1362 ("[T]he weight of a citizen's vote cannot be made to depend on where he lives."). 117 See Marshall v. Hare , 378 U.S. 561, 84 S.Ct. 1912, 12 L. Ed. 2d 1036 (1964), rev'g 227 F.Supp. 989 (E.D. Mich., 1964). 118 In re Apportionment of State ... ...
-
Honsey v. Donovan
... ... Intervenors Sinclair and Hanson are, respectively, residents and qualified voters of Marshall and Freeborn Counties, Minnesota. Mr. Sinclair is a Minnesota state senator representing the Sixty-seventh Legislative District consisting of ... Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), Scholle v. Hare, 369 U.S. 429, 82 S.Ct. 910, 8 L.Ed.2d 1 (1962), and WMCA, Inc. v. Simon, 370 U.S. 190, 82 S.Ct. 1234, 8 L.Ed.2d 430 (1962). A detailed analysis of ... ...