Swann v. Adams, 973
| Decision Date | 25 February 1966 |
| Docket Number | No. 973,973 |
| Citation | 383 U.S. 210,15 L.Ed.2d 707,86 S.Ct. 767 |
| Parties | Richard H. M. SWANN et al. v. Tom ADAMS et al |
| Court | U.S. Supreme Court |
D. P. S. Paul, P. D. Thomson, Neal Rutledge, Richard F. Wolfson, Thomas C. Britton and Stuart Simon, for appellants.
Earl Faircloth, Atty. Gen., of Florida, and Edward D. Cowart and Sam Spector, Asst. Attys. Gen., for appellees.
We previously remanded this case to the District Court for further proceedings in light of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506, and the other cases relating to legislative reapportionment decided with Reynolds. 378 U.S. 553, 84 S.Ct. 1904, 12 L.Ed.2d 1033. The District Court deferred action until the conclusion of the legislative session which convened on April 6 1965, stating that it would reconsider its decision should the Florida Legislature fail to effect a valid reapportionment by July 1, 1965.
A reapportionment law was passed by the legislature on June 29, 1965. On July 6, the appellants filed a joint petition asking the District Court to declare the newly enacted plan unconstitutional and proposing an alternative plan. The District Court did not take action until October 5 when it ordered oral argument for November 2, 1965. On December 23 the District Court concluded that the newly passed reapportionment plan failed to 'meet the requirements of the Equal Protection Clause of the Federal Constitution as construed and applied in Reynolds v. Sims * * *.'
Although the District Court concluded that the plan did not comport with constitutional requirements, it approved the plan (making only minor changes) on an interim basis. Its approval was limited to the period ending 60 days after the adjournment of the 1967 session of the Florida Legislature.
We have no occasion to review the District Court's determination that the legislative reapportionment plan fails to meet constitutional standards. Indeed, Florida does not contend that the District Court erred in this regard, having conceded below that the plan was constitutionally deficient. We hold, however, that in approving the plan on an interim basis, the District Court erred. This litigation was commenced in 1962. The effect of the District Court's decision is to delay effectuation of a valid apportionment in Florida until at least 1969. While recognizing the desirability of permitting the Florida Legislature itself to determine the course of reapportionment, we find no warrant for perpetuating what all con- cede to be...
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Preisler v. Secretary of State of Missouri
...953 (W.D.Mo.1966) (Preisler II). Our decree in the second case, however, for reasons fully stated in light of Swann v. Adams II, 383 U.S. 210, 86 S. Ct. 767, 15 L.Ed.2d 707 (1966), permitted the 1966 Congressional elections to be conducted under the constitutionally void 1965 Act. We retain......
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Terrazas v. Ramirez
...158 N.W.2d at 173. Such deference, in the absence of unconscionable delay, is entirely appropriate. See Swann v. Adams, 383 U.S. 210, 211, 86 S.Ct. 767, 767-68, 15 L.Ed.2d 707 (1966) (court could not delay effectuation of remedy until 1969 legislative session in case filed in In some circum......
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In re Senate Joint Resolution of Legislative Apportionment 1176
...rev'd, 378 U.S. 553, 84 S.Ct. 1904, 12 L.Ed.2d 1033 (1964); Swann v. Adams, 258 F.Supp. 819 (S.D.Fla.1965), rev'd, 383 U.S. 210, 86 S.Ct. 767, 15 L.Ed.2d 707 (1966); Swann v. Adams, 258 F.Supp. 819 (S.D.Fla.1965), rev'd, 385 U.S. 440, 87 S.Ct. 569, 17 L.Ed.2d 501 (1967); Swann v. Adams, 263......
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Apportionment Law Appearing as Senate Joint Resolution 1 E, 1982 Special Apportionment Session; Constitutionality Vel Non, In re
...U.S. 124, 91 S.Ct. 1858, 29 L.Ed.2d 363 (1971); Swann v. Adams, 258 F.Supp. 819 (S.D.Fla.1965), rev'd on other grounds, 383 U.S. 210, 86 S.Ct. 767, 15 L.Ed.2d 707 (1966); Butcher v. Bloom, 420 Pa. 305, 216 A.2d 457 (1966). Every court which has considered the issue before us has decided tha......