From Casetext: Smarter Legal Research

White v. Regester

U.S.
Jun 30, 1975
422 U.S. 935 (1975)

Summary

vacating district court judgment and remanding in light of potential mootness, where state replaced at-large districts with single-member districts

Summary of this case from Holloway v. The City of Va. Beach

Opinion

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS.

No. 73-1462.

Argued February 19, 1975. Decided June 30, 1975.

In light of recent Texas apportionment legislation substituting single-member election districts for the multimember districts at issue, the District Court's judgment is vacated, and the case is remanded to that court for reconsideration and for dismissal if the case is or becomes moot.

378 F. Supp. 640, vacated and remanded.

Elizabeth B. Levatino, Special Assistant Attorney General of Texas, argued the cause for appellants. With her on the briefs were John L. Hill, Attorney General, Larry F. York, former First Assistant Attorney General, and David M. Kendall, First Assistant Attorney General.

David R. Richards argued the cause for appellees Regester et al. With him on the brief were Jack Greenberg, James M. Nabrit III, J. Phillip Crawford, Oscar H. Mauzy, Wm. Terry Bray, Sanford Jay Rosen, and George J. Korbel. Don Gladden argued the cause for appellees Escalante et al. With him on the briefs was Marvin Collins.


We are informed that the State of Texas has adopted new apportionment legislation providing single-member districts to replace the multimember districts which are at issue before us in this case. That statute by its terms does not become effective until the 1976 elections, and intervening special elections to fill vacancies, if any, will be held in the districts involved as constituted on January 1, 1975. Rather than render an unnecessary judgment on the validity of the constitutional views expressed by the District Court in this case, which we do not undertake to do at this time, we vacate the judgment of the District Court and remand the case to that court for reconsideration in light of the recent Texas reapportionment legislation and for dismissal if the case is or becomes moot.

So ordered.

MR. JUSTICE DOUGLAS took no part in the consideration or decision of this case.


Summaries of

White v. Regester

U.S.
Jun 30, 1975
422 U.S. 935 (1975)

vacating district court judgment and remanding in light of potential mootness, where state replaced at-large districts with single-member districts

Summary of this case from Holloway v. The City of Va. Beach

In White, the Supreme Court held that federal courts, not state legislatures, must abide state districting traditions; the Court iterated that legislatures, not courts, have "primary jurisdiction" over reapportionment, and reinforced the notion that court intervention in the redistricting process is meant to be minor and remedial.Branch v. Smith is also inapposite.

Summary of this case from Session v. Perry

noting that Texas's legislative plan "does not become effective until the 1976 elections"

Summary of this case from Session v. Perry
Case details for

White v. Regester

Case Details

Full title:WHITE, SECRETARY OF STATE OF TEXAS, ET AL. v . REGESTER ET AL

Court:U.S.

Date published: Jun 30, 1975

Citations

422 U.S. 935 (1975)
95 S. Ct. 2670

Citing Cases

League of United Latin Am. Citizen v. Clements

The history of official discrimination against Blacks in Jefferson County was particularly "well chronicled"…

Graves v. Barnes

Once again, an appeal was taken to the Supreme Court. During the pendency of the appeal, the Texas…