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Scott v. Germano, 381 U.S. 407 (1965)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Scott v. Germano, 381 U.S. 407 (1965)
Scott v. Germano No. 1152 Decided June 1, 1965 381 U.S. 407
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Scott v. Germano, 381 U.S. 407 (1965) in 381 U.S. 407 381 U.S. 408. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=R1U2YY83LTHR7FN.
MLA: U.S. Supreme Court. "Syllabus." Scott v. Germano, 381 U.S. 407 (1965), in 381 U.S. 407, page 381 U.S. 408. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=R1U2YY83LTHR7FN.
Harvard: U.S. Supreme Court, 'Syllabus' in Scott v. Germano, 381 U.S. 407 (1965). cited in 1965, 381 U.S. 407, pp.381 U.S. 408. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=R1U2YY83LTHR7FN.
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