Scott v. Germano

Background

The dispute began when a federal district court declared the Illinois Constitution’s Senate apportionment provisions and related state statutes invalid and ordered broad relief, including requiring state lawmakers to be made parties and threatening statewide or at-large elections if a new plan was not submitted. Shortly before, the Illinois Supreme Court in People ex rel. Engle v. Kerner also held the Senate composition invalid and expected the General Assembly to enact a valid plan during its current session. The parties asked the federal court to pause its order in light of the Illinois decision, but the district court refused and the matter came here on direct appeal.

Reasoning

The Supreme Court said the federal court should have stayed its hand so Illinois officials and courts could try to fix the problem first. Citing prior decisions that recognize and encourage state courts and legislatures to produce valid reapportionment plans, the Court vacated the district court’s order and remanded with directions. The district court was instructed to set a reasonable deadline for Illinois agencies, including the State Supreme Court, to adopt a valid redistricting plan in time for the 1966 Senate election, while retaining authority to act if the State did not do so.

Real world impact

The decision gives Illinois lawmakers and courts a clear chance to redraw Senate districts before voters go to the polls in 1966 and avoids an immediate federal takeover. If Illinois fails to produce a timely plan, the federal court may impose its own reapportionment or order at-large elections. The ruling is a procedural step, not a final resolution of the underlying merits, and future court action may still change the outcome.

Dissents or concurrances

Justice Harlan agreed with the result; Justice Goldberg did not participate in the case.