Scott v. Germano
381 U.S. 407 (1965)

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U.S. Supreme Court

Scott v. Germano, 381 U.S. 407 (1965)

Scott v. Germano

No. 1152

Decided June 1, 1965

381 U.S. 407


After invalidating senatorial apportionment provisions in the Illinois Constitution and statutes, a Federal District Court ordered that any corrective provisions be submitted to it before any election thereunder, failing which it would issue a show cause order as to why State Senators should not be elected at large in 1966 and thereafter. Previously, a case had been filed in state court attacking the composition of the legislature which, after the federal court order, the State Supreme Court decided on appeal, holding the State Senate composition invalid. The court expressed confidence that the legislature, at its current session, would take corrective action and retained jurisdiction to insure that the 1966 election was pursuant to a valid plan. Thereafter, appellant here unsuccessfully moved the District Court to vacate its order and stay proceedings in light of the State Supreme Court opinion.

Held: appropriate state action to correct malapportionment is to be encouraged. The District Court order is vacated, and the case remanded for the fixing of a reasonable time for valid senatorial redistricting by an agency of the State, including its Supreme Court, before the 1966 election, with retention of jurisdiction by the District Court for appropriate action, including an order for a valid reapportionment plan, failing timely state action.

241 F. Supp. 715 vacated and remanded.

Page 381 U. S. 408

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