Whitcomb v. Chavis

• Decision Date: 06 February 1970
• Citation: Whitcomb v. Chavis, 396 U.S. 1064, 90 S.Ct. 761, 24 L.Ed.2d 757 (1970)
• Parties: Edgar D. WHITCOMB, Governor of the State of Indiana, appellant, v. Patrick CHAVIS et al. No. ____
• Court: U.S. Supreme Court

396 U.S. 1064

90 S.Ct. 761

24 L.Ed.2d 757

Edgar D. WHITCOMB, Governor of the State of Indiana, appellant,

v Patrick CHAVIS et al.

No. ____.

Supreme Court of the United States

February 6, 1970

James Manahan, on the motion.

The emergency motion to vacate or modify the stay order of February 2, 1970, is denied. The motion to advance is denied without prejudice to its renewal following the filing of the statement as to jurisdiction.

Mr. Justice DOUGLAS dissenting from the denial of the motion to vacate or modify the stay order of February 2, 1970:

'After a trial on June 17 and 18, 1969, a three-judge District Court entered an order on July 28, 1969, in which it held the multi-member districting provisions of the present Indiana apportionment statutes unconstitutional as they applied to Marion County, Indiana. The State was given until October 1, 1969, to enact statutes redistricting the State so as to correct the constitutional infirmity. Upon the State's failure to enact such statutes, the District Court, on December 15, 1969, entered an order establishing legislative districts in the State. This Court, on February 2, 1970, granted a stay of the District Court's December 15 order pending the filing and disposition of an appeal from...