Beatrice Branch, et al. v. John Robert Smith et al. (538 U.S. 254)

U.S. Supreme Court · decided March 31, 2003 · Supreme Court Database (Spaeth)

Citation
538 U.S. 254 · 123 S. Ct. 1429
Decided
March 31, 2003
Term
October Term 2002
Vote
7–2
Majority author
Justice Scalia
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice Scalia announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with respect to Parts III-B and IV, in which The Chief Justice, Justice Kennedy, and Justice Ginsburg join. In these cases, we decide whether the District Court properly enjoined a Mississippi state court’s proposed congressional redistricting plan and whether it properly fashioned its own congressional reapportionment plan rather than order at-large elections. I The 2000 census caused Mississippi to lose one congressional seat, reducing its representation in the House of Representatives from five Members to four. The state legislature, however, failed to pass a new redistricting plan after the decennial census results were published in 2001. In anticipation of the March 1, 2002, state-law deadline for the qualification of candidates, see Miss. Code Ann. § 23-15-299 (Lexis 2001), appellant and cross-appellee Beatrice Branch and others (state plaintiffs) filed suit in a Mississippi State Chancery Court in October 2001, asking the state court to issue a redistricting plan for the 2002 congressional elections. In November 2001, appellee and cross-appellant John Smith and others (federal plaintiffs) filed a similar action under Rev. Stat. § 1979, 42 U. S. C. § 1983, in the United States District Court for the Southern District of…

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