The “plaintiffs contest the constitutional validity of Missouri’s 1965 Congressional Redistricting Act”
How later courts described this case
- The “plaintiffs contest the constitutional validity of Missouri’s 1965 Congressional Redistricting Act”
- decision of three judge court
Written by the judges who cited it.
The opinion
MATTHES, Circuit Judge (concurring).
Initially, I entertained the view that the 1965 Missouri Congressional Redistricting Act conformed to the mandate of Article 1, § 2 of the Constitution of the United States and Article 3, Section 45 of the Constitution of Missouri. Subsequent deliberation, in light of the teachings of the Supreme Court in the controlling case of Wesberry v. Sanders, 376 U.S. 1 , 84 S.Ct. 526 , 11 L.Ed.2d 481 (1964), has compelled me to conclude that the plan is constitutionally unacceptable. Judge Oliver’s painstaking analysis of the plan, his demonstration of the wholly unrealistic disparities in the envisioned districts, and his sound exposition of the applicable legal principles should dispel any serious doubt about the matter.
We have emphasized that the responsibility for enacting a constitutionally permissible redistrieting plan rests on the Legislature of Missouri. Although the task may be fraught with difficulties, certainly it is not an impossible one. We are convinced that a conscientious effort, motivated by a desire to satisfy the requirements of the federal and State constitutions, will result in the formulation of congressional districts which will comport with the demands of the Constitution of the United States and the Constitution of Missouri.
*983 APPENDIX A
ILLUSTRATION OF CHANGES MADE BY 1965 ACT IN 1961 REDISTRICTING PLAN
This map shows the ten congressional districts of Missouri under the 1965 Act. The 1961 districts may be easily visualized by noting the five changes above circled that were made in the 1961 districts by the 1965 Act:
A. Mercer County (pop. 5,750) shifted from Ninth to Sixth District.
B. Several Kansas City wards (total pop. 27,281) shifted from Fourth to Fifth District.
C. Several St. Louis wards and St. Louis County townships shifted among First, Second, Third and Ninth Districts.
D. Barton County (pop. 11,113) shifted from Seventh to Fourth Districts.
E. Wayne County (pop. 8,638) shifted from the Eighth to the Tenth District.
*984 APPENDIX B
Plaintiffs' Exhibit No. 4 (From the Official Manual, State of Missouri, 1961-1962; page 1470)
JUDGMENT AND DECREE
PER CURIAM.
This cause having come on for trial, at which all parties, including Inter-venors, were present by counsel, and the Court, having considered the pleadings, evidence, and argument of counsel, and being of the view that a decree should be entered in accordance with the opinion of the Court, which also constitutes the Findings of Fact and Conclusions of Law under Rule 52(a) of the Federal Rules of Civil Procedure, and is incorporated herein by this reference, it is therefore ordered, adjudged, and decreed that:
First: The 1965 Missouri Congressional Redistricting Act, Section 128.202 to 128.305, constituting Chapter 128 of Title IX of the Missouri Statutes, as amended (September, 1965 Pamphlet, V. A.M.S., pages 76-77) does not comply with Article I, § 2 of the Constitution of the United States. Such Act is therefore unconstitutional and void;
Second: Plaintiffs’ prayer that defendants be permanently enjoined from performing any and all duties prescribed *985 by law in connection with the Congressional districts created by the aforesaid Act in and for the primary elections to be held in the years 1968, 1970, and thereafter, should be and is hereby granted.
Third: In accordance with plaintiffs’ prayer and in the exercise of our judicial discretion, the 1966 congressional elections in Missouri may be held under existing law and shall not be in any way affected by this judgment and decree.
Fourth: The Court retains jurisdiction of this cause for such other and further orders as may be appropriate and required.
Fifth: This judgment and decree is final; jurisdiction being retained solely for the purpose of enabling the Court to reopen this case on appropriate motion by any party for the purpose of presenting for the Court’s future consideration the constitutionality of any subsequently enacted legislation relating to Congressional Redistricting for the State of Missouri that may in the future become the law of Missouri.
It is so ordered.