Wise v. Lipscomb, No. 77-529

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation437 U.S. 535,98 S.Ct. 2493,57 L.Ed.2d 411
PartiesWes WISE, Mayor of the City of Dallas, et al., Petitioners, v. Albert L. LIPSCOMB et al
Docket NumberNo. 77-529
Decision Date22 June 1978

437 U.S. 535
98 S.Ct. 2493
57 L.Ed.2d 411
Wes WISE, Mayor of the City of Dallas, et al., Petitioners,

v.

Albert L. LIPSCOMB et al.

No. 77-529.
Argued April 26, 1978.
Decided June 22, 1978.
Syllabus

Respondents, Negro and Mexican-American residents of Dallas, Tex., brought this action for injunctive and declaratory relief against petitioners, the Mayor and members of the Dallas City Council, alleging that the City Charter's at-large system of electing council members unconstitutionally diluted the vote of racial minorities. After an evidentiary hearing, the District Court orally declared that system unconstitutional and then "afforded the city an opportunity as a legislative body for the City of Dallas to prepare a plan which would be constitutional." The City Council then passed a resolution expressing its intention to enact an ordinance that would provide for eight council members to be elected from single-member districts and for the three remaining members, including the Mayor, to be elected at large. After an extensive remedy hearing, the District Court approved the plan, which the City Council thereafter formally enacted as an ordinance. The District Court later issued a memorandum opinion that sustained the plan as a valid legislative Act. The Court of Appeals reversed, holding that the District Court had erred in evaluating the plan only under constitutional standards without also applying the teaching of East Carroll Parish School Bd. v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296, which held that, absent exceptional circumstances, judicially imposed reapportionment plans should use only single-member districts. Held : The judgment is reversed and the case is remanded. Pp. 539-547, 547-549.

551 F.2d 1043, reversed and remanded.

Mr. ustice WHITE, joined by Mr. Justice STEWART, concluded:

1. Federal courts, absent special circumstances, must employ single-member districts when they impose remedial reapportionment plans. That standard, however, is more stringent than the constitutional standard that is applicable when the reapportionment is accomplished by the legislature. Here, after the District Court had invalidated the Dallas at-large election scheme in the City Charter, the city discharged its duty to devise a substitute by enacting the eight/three ordinance, which the District Court reviewed as a legislatively enacted plan and held constitutional despite the use of at-large voting for three council seats. Pp. 539-543.

Page 536

2. The eight/three ordinance was properly considered to be a legislative plan and the Court of Appeals erred in evaluating it under principles applicable to judicially devised reapportionment plans. Pp. 543-546.

(a) No special reason for not applying the standard applicable to a legislatively devised plan can be found in the provisions of Texas law that specify that a city charter can be amended only by a vote of the people for the City Council in enacting the plan did not purport to amend the Charter but only to exercise its legislative powers after the Charter provision had been declared unconstitutional. P. 544.

(b) East Carroll Parish School, Bd., supra, does not support the conclusion of the Court of Appeals that the plan presented by the city must be viewed as judicial and therefore as subject to a level of scrutiny more stringent than that required by the Constitution, rather than legislative. In reaching the conclusion that single-member districts are to be preferred, the Court emphasized that the bodies that submitted the plans did not purport to reapportion themselves and could not legally do so under federal law because state legislation providing them with such powers had been disapproved under § 5 of the Voting Rights Act of 1965. On the facts of the instant case, however, unlike the situation in East Carroll Parish School Bd., the Dallas City Council validly met its responsibility of replacing the invalid apportionment provision with one that could withstand constitutional scrutiny. Pp. 545-546.

3. Though it has been urged that § 5 of the Voting Rights Act of 1965, which became applicable to Texas while this case was pending on appeal, barred effectuation of the challenged ordinance absent the clearance mandated by § 5, that issue was not dealt with by the Court of Appeals and should more appropriately be considered by that court on remand. Pp. 546-547.

Mr. Justice POWELL, joined by THE CHIEF JUSTICE, Mr. Justice BLACKMUN, and Mr. Justice REHNQUIST, while agreeing that the eight/three ordinance was a "legislative plan" for purposes of federal court review, concluded that the instant case is controlled by Burns v. Richardson, 384 U.S. 73, 86 S.Ct. 1286, 16 L.Ed.2d 376. By analogy to the reasoning of that case the eight/three plan must be considered legislative, even if the Council had no power to apportion itself, a Charter amendment being necessary to that end. Under the Burns rule whereby "a State's freedom of choice to devise substitutes for an apportionment plan found unconstitutional . . . should not be restricted beyond the clear commands of the Equal Protection Clause," plans proposed by the local body must be regarded as "legislative" even if, as in that case, the Court's examination of state law suggests that the local body lacks authority to reapportion

Page 537

itself. To the extent that East Carroll Parish School Bd. implies anything further about the principle established in Burns, the latter must be held to control. Pp. 547-549.

Joseph G. Werner, Dallas, Tex., for petitioners.

James A. Johnston, Jr., Dallas, Tex., for respondents.

Peter Buscemi, Washington, D. C., pro hac vice, for United States, as amicus curiae, by special leave of Court.

Mr. Justice WHITE announced the judgment of the Court and delivered an opinion in which Mr. Justice STEWART joined.

This case involves the recurring issue of distinguishing between legislatively enacted and judicially imposed reapportionments of state legislative bodies.

I

In 1971 respondents, Negro and Mexican-American residents of Dallas, Tex., filed suit in the United States District

Page 538

Court for the Northern District of Texas against petitioners, the Mayor and members of the City Council of Dallas, the city's legislative body, alleging that the at-large system of electing council members unconstitutionally diluted the vote of racial minorities. They sought a declaratory judgment to this effect and an injunction requiring the election of councilmen from single-member districts. The complaint was dismissed for failure to state a claim, but the Court of Appeals for the Fifth Circuit disagreed and remanded. Lipscomb v. Jonsson, 459 F.2d 335 (1972).

On January 17, 1975, after certifying a plaintiff class consisting of all Negro citizens of the city of Dallas 1 and following an evidentiary hearing, the District Court orally declared that the system of at-large elections to the Dallas City Council unconstitutionally diluted the voting strength of Negro citizens.2 The District Court then "afforded the city an opportunity as a legislative body for the City of Dallas to prepare a plan which would be constitutional." App. 29.

On January 20, 1975, the City Council passed a resolution which stated that the Council intended to enact an ordinance which would provide for eight Council members to be elected from single-member districts and for the three remaining members, including the Mayor, to be elected at-large. This plan was submitted to the District Court on January 24, 1975. The court then conducted a remedy hearing "to determine the constitutionality of the new proposed plan by the City of Dallas." Ibid. After an extensive hearing, the court announced in an oral opinion delivered on February 8, 1975, that the city's plan met constitutional guidelines and was ac-

Page 539

ceptable and that it would issue a written opinion in the near future. Two days later, the City Council formally enacted the promised ordinance, and on March 25, the court issued a memorandum opinion containing its findings of fact and conclusions of law and again sustaining the city plan as a valid legislative Act. 399 F.Supp. 782 (1975).3

The Court of Appeals reversed. 551 F.2d 1043 (1977). It held that the District Court erred by evaluating the city's actions only under constitutional standards rather than also applying the teaching of East Carroll Parish School Bd. v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976), that, absent exceptional circumstances, judicially imposed reapportionment plans should employ only single-member districts. It concluded that no considerations existed in this case which justified a departure from this preference and remanded with instructions that the District Court require the city to reapportion itself into an appropriate number of single-member districts.4 We granted certiorari, 434 U.S. 1008, 98 S.Ct. 716, 54 L.Ed.2d 750 (1978), and reverse on the grounds that the Court of Appeals misapprehended Eas Carroll Parish School Bd. and its predecessors.

II

The Court has repeatedly held that redistricting and reapportioning legislative bodies is a legislative task which the federal courts should make every effort not to pre-empt. Connor v. Finch, 431 U.S. 407, 414-415, 97 S.Ct. 1828, 1833-1834, 52 L.Ed.2d 465 (1977); Chapman v. Meier, 420 U.S. 1, 27, 95 S.Ct. 751, 42 L.Ed.2d 766 (1975); Gaffney v. Cummings, 412 U.S. 735, 749, 93 S.Ct. 2321, 2329, 37 L.Ed.2d 298 (1973); Burns v. Richardson, 384 U.S. 73, 84-85, 86 S.Ct. 1286, 1292-1293, 16 L.Ed.2d 376

Page 540

(1966). When a federal court declares an existing apportionment scheme unconstitutional, it is therefore, appropriate, whenever practicable, to afford a reasonable opportunity for the legislature to meet constitutional requirements by adopting a substitute measure rather than for the federal court to devise and order into effect its own plan. The new legislative plan, if...

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208 practice notes
  • Calvin v. Jefferson Cnty. Bd. of Comm'rs, CASE NO. 4:15CV131-MW/CAS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • March 19, 2016
    ...by adopting a substitute measure rather than for the federal court to devise and order into effect its own plan.” Wise v. Lipscomb , 437 U.S. 535, 540, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). Despite the fact that this is an election year, I'm confident that the Boards can quickly devise a pl......
  • Covington v. North Carolina, 1:15CV399
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • January 21, 2018
    ...2(g), the Special Master shall not consider incumbency or election results in drawing the districts. See, e.g. , Wise v. Lipscomb , 437 U.S. 535, 541, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978) (noting that courts lack "political authoritativeness" and must act "in a manner free from any taint of......
  • State ex rel. Cooper v. Tennant, Nos. 11–1405
    • United States
    • Supreme Court of West Virginia
    • July 20, 2012
    ...bodies is a legislative task which the [courts] should make every effort not to preempt.’ ” 782 F.Supp. at 1124 (quoting Wise v. Lipscomb, 437 U.S. 535, 539, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978) and emphasis supplied). Thus, as Intervenor Richard Thompson, Speaker of the West Virginia House......
  • Cause v. Rucho, No. 1:16–CV–1026
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • January 9, 2018
    ...requirements by adopting a substitute measure rather than for the federal court to devise ... its own plan." Wise v. Lipscomb , 437 U.S. 535, 540, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). This case presents an exceptional circumstance, however: the General Assembly enacted the 2016 Plan after ......
  • Request a trial to view additional results
206 cases
  • Calvin v. Jefferson Cnty. Bd. of Comm'rs, CASE NO. 4:15CV131-MW/CAS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • March 19, 2016
    ...by adopting a substitute measure rather than for the federal court to devise and order into effect its own plan.” Wise v. Lipscomb , 437 U.S. 535, 540, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). Despite the fact that this is an election year, I'm confident that the Boards can quickly devise a pl......
  • Covington v. North Carolina, 1:15CV399
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • January 21, 2018
    ...2(g), the Special Master shall not consider incumbency or election results in drawing the districts. See, e.g. , Wise v. Lipscomb , 437 U.S. 535, 541, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978) (noting that courts lack "political authoritativeness" and must act "in a manner free from any taint of......
  • State ex rel. Cooper v. Tennant, Nos. 11–1405
    • United States
    • Supreme Court of West Virginia
    • July 20, 2012
    ...bodies is a legislative task which the [courts] should make every effort not to preempt.’ ” 782 F.Supp. at 1124 (quoting Wise v. Lipscomb, 437 U.S. 535, 539, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978) and emphasis supplied). Thus, as Intervenor Richard Thompson, Speaker of the West Virginia House......
  • Cause v. Rucho, No. 1:16–CV–1026
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • January 9, 2018
    ...requirements by adopting a substitute measure rather than for the federal court to devise ... its own plan." Wise v. Lipscomb , 437 U.S. 535, 540, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). This case presents an exceptional circumstance, however: the General Assembly enacted the 2016 Plan after ......
  • Request a trial to view additional results
2 books & journal articles
  • Civil Liberties Voting Patterns in the Burger Court, 1975-78
    • United States
    • Political Research Quarterly Nbr. 34-2, June 1981
    • June 1, 1981
    ...Journal, Jan. 26, 1978, p. 1. 25 Cases include Wolman v. Walter, 433 U.S. 229 (1977) (establishment of religion); Wise v. Lipscomb, 98 S.Ct. 2493 (1978) (voting rights); General Electric v. Gilbert, 429 U.S. 125 (sex discrimination). 26 Planned Parenthood of Central Missouri v. Danforth, 42......
  • The Rise of the Choral Court: Use of Concurrence in the Burger and Rehnquist Courts
    • United States
    • Political Research Quarterly Nbr. 63-3, September 2010
    • September 1, 2010
    ...have become so fragmented at times that a handful of cases resulted in no opinion of the Court at all. Examples include Wise v. Libscomb (437 U.S. 535, 1978) and Ballew v. Georgia (436 U.S. 962, 1978). In other cases, only part of an opin-ion becomes the Court opinion, as in Williamson v. U......

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