Whitcomb, Governor of Indiana v. Chavis Et Al.

Background

The Governor of Indiana challenged a three-judge federal court’s finding that parts of Indiana’s multi-member legislative districts were unconstitutional as applied to Marion County. The federal court gave the State until October 1, 1969 to redraw districts. After the State failed to act, that court adopted a new map and order on December 15, 1969 establishing legislative districts.

Reasoning

The Supreme Court previously issued a stay on February 2, 1970 that paused the district court’s December 15 order while an appeal could be filed and decided. The respondents asked the Court to vacate that stay so the court-drawn map could take effect before candidate filing. The Supreme Court denied the emergency motion to vacate or modify the stay and also denied a motion to advance the case, without prejudice pending a jurisdictional statement. As a result, the lower court’s redistricting order remains blocked while the appeal proceeds.

Real world impact

Because the stay remains, Indiana faces the immediate prospect of conducting the November 1970 legislative election under the existing districting scheme that the district court found unconstitutional unless the stay is later lifted. The candidate filing period was scheduled to begin February 24, 1970, creating time pressure for election officials and candidates. This ruling is an emergency procedural order and does not resolve the underlying constitutional question about apportionment; the situation could change on further review.

Dissents or concurrances

Justice Douglas dissented from the denial, arguing the stay should be lifted so the court-ordered redistricting could govern the upcoming election and avoid forcing voters to use the map the district court found unconstitutional.