BELLOTTI, ATTORNEY GENERAL, COMMONWEALTH OF MASSACHUSETTS v. LATINO POLITICAL ACTION COMMITTEE Et Al.

Background

The Attorney General of Massachusetts asked a single Justice of the Supreme Court for a temporary stay while he sought review of a federal trial court’s July 26, 1983 judgment. The District Court held that a new electoral map adopted by the Boston City Council and approved by the Mayor was unconstitutional and enjoined city officials from holding preliminary or final elections under that plan. The Attorney General was allowed to intervene on August 2, and the Court of Appeals denied a stay on August 5, 1983, before this application reached Justice Brennan.

Reasoning

Justice Brennan applied the usual four-part test for emergency relief by a single Justice. He considered whether it was reasonably likely four Justices would take the case, whether a majority of the Court would probably conclude the lower court was wrong, whether denying a stay would cause irreparable harm, and whether the harms to each side and the public justified a stay. After reviewing the lower courts’ opinions and the parties’ submissions, he concluded it was not reasonably probable that four Justices would grant review, nor that a majority would find the District Court’s decision erroneous, and that the inconvenience from revising the map did not justify a stay.

Real world impact

Because the application for a stay was denied, the District Court’s injunction remains in effect and elections cannot proceed under the challenged map. The city must revise the districting plan before holding elections, and the legal fight can continue on appeal, so this ruling is an interim decision rather than a final resolution of the constitutional issues.