This reapportionment case, instituted in 1962, was remanded to
the District Court for further proceedings in light of
Reynolds
v. Sims, 377 U. S. 533, and
companion cases. The Florida Legislature, on June 29, 1965, enacted
a reapportionment plan which the District Court on appellants'
challenge, filed July 6, held unconstitutional on December 23. That
court, however, gave the plan interim approval. The period for
which such approval was given would delay valid apportionment in
Florida until at least 1969.
Held: There is no warrant for perpetuating the
unconstitutional apportionment for three more years. The case is
reversed and remanded to the District Court so that a valid
reapportionment plan will be made effective for the 1966
elections.
Reversed and remanded.
PER CURIAM.
We previously remanded this case to the District Court for
further proceedings in light of
Reynolds v. Sims,
377 U. S. 533, and
the other cases relating to legislative reapportionment decided
with
Reynolds. 378 U. S. 553. The
District Court deferred action until the conclusion of the
legislative session which convened on April 6,
Page 383 U. S. 211
1965, stating that it would reconsider its decision should the
Florida Legislature fail to effect a valid reapportionment by July
1, 1965.
A reapportionment law was passed by the legislature on June 29,
1965. On July 6, the appellants filed a joint petition asking the
District Court to declare the newly enacted plan unconstitutional
and proposing an alternative plan. The District Court did not take
action until October 5, when it ordered oral argument for November
2, 1965. On December 23, the District Court concluded that the
newly passed reapportionment plan failed to "meet the requirements
of the Equal Protection Clause of the Federal Constitution as
construed and applied in
Reynolds v. Sims. . . ."
Although the District Court concluded that the plan did not
comport with constitutional requirements, it approved the plan
(making only minor changes) on an interim basis. Its approval was
limited to the period ending 60 days after the adjournment of the
1967 session of the Florida Legislature.
We have no occasion to review the District Court's determination
that the legislative reapportionment plan fails to meet
constitutional standards. Indeed, Florida does not contend that the
District Court erred in this regard, having conceded below that the
plan was constitutionally deficient. We hold, however, that, in
approving the plan on an interim basis, the District Court erred.
This litigation was commenced in 1962. The effect of the District
Court's decision is to delay effectuation of a valid apportionment
in Florida until at least 1969. While recognizing the desirability
of permitting the Florida Legislature itself to determine the
course of reapportionment, we find no warrant for perpetuating what
all concede
Page 383 U. S. 212
to be an unconstitutional apportionment for another three
years.
We reverse and remand to the District Court so that a valid
reapportionment plan will be made effective for the 1966
elections.
Reversed and remanded.
MR. JUSTICE HARLAN and MR. JUSTICE STEWART would affirm the
judgment.
MR. JUSTICE FORTAS took no part in the consideration or decision
of this case.