Branch v. Smith

538 U.S. 254, 123 S. Ct. 1429, 155 L. Ed. 2d 407, 2003 U.S. LEXIS 2709
CourtSupreme Court of the United States
DecidedMarch 31, 2003
Docket01-1437
StatusPublished
Cited by255 cases

This text of 538 U.S. 254 (Branch v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Branch v. Smith, 538 U.S. 254, 123 S. Ct. 1429, 155 L. Ed. 2d 407, 2003 U.S. LEXIS 2709 (2003).

Opinions

Justice Scalia

announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with respect to Parts III-B and IV, in which The Chief Justice, Justice Kennedy, and Justice Ginsburg join.

In these cases, we decide whether the District Court properly enjoined a Mississippi state court’s proposed congressional redistricting plan and whether it properly fashioned its own congressional reapportionment plan rather than order at-large elections.

I

The 2000 census caused Mississippi to lose one congressional seat, reducing its representation in the House of Representatives from five Members to four. The state legislature, however, failed to pass a new redistricting plan after the decennial census results were published in 2001. In anticipation of the March 1, 2002, state-law deadline for the qualification of candidates, see Miss. Code Ann. § 23-15-299 (Lexis 2001), appellant and cross-appellee Beatrice Branch and others (state plaintiffs) filed suit in a Mississippi State Chancery Court in October 2001, asking the state court to issue a redistricting plan for the 2002 congressional elections. In November 2001, appellee and cross-appellant John Smith and others (federal plaintiffs) filed a similar action under Rev. Stat. § 1979, 42 U. S. C. § 1983, in the United States District Court for the Southern District of Mississippi, claiming that the current districting plan, Miss. Code Aim. §23-15-[259]*2591037 (Lexis 2001), dividing the State into five, rather than four, congressional districts, was unconstitutional and unenforceable. The federal plaintiffs asked the District Court to enjoin the current redistricting plan, and subsequently asked it to enjoin any plan developed by a state court (which they asserted would violate Article I, § 4, of the Constitution, and, in any event, could not be enforced until the state court’s assertion of redistricting authority was precleared under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, 42 U. S. C. § 1973c), and asked that it order at-large elections pursuant to Miss. Code Ann. §23-15-1039 (2001) and 46 Stat. 26, 2 U. S. C. § 2a(c)(5), or, alternatively, devise its own redistricting plan.

A three-judge District Court was convened pursuant to 28 U. S. C. § 2284. Initially the District Court did not interfere with the State Chancery Court’s efforts to develop a redistricting plan. In an order filed on December 5, 2001, Smith v. Clark, 189 F. Supp. 2d 502 (SD Miss.), the District Court permitted the state plaintiffs to intervene and deferred ruling on the federal plaintiffs’ motion for a preliminary injunction. In staying its hand, the District Court recognized that “ ‘the Constitution leaves with the States primary responsibility for apportionment of their federal congressional . . . districts,’ ” id., at 503 (quoting Growe v. Emison, 507 U. S. 25, 34 (1993)), but concluded that “if it is not clear to this court by January 7, 2002 that the State authorities can have a redistricting plan in place by March 1, we will assert our jurisdiction ... and if necessary, we will draft and implement a plan for reapportioning the state congressional districts,” 189 F. Supp. 2d, at 503; see also 189 F. Supp. 2d 503, 505-506 (SD Miss. 2002).

On the eve of the State Chancery Court trial, the Mississippi Supreme Court denied petitions for writs of prohibition and mandamus filed by a state defendant and others challenging the Chancery Court’s jurisdiction to engage in congressional redistricting. It held that the Chancery Court [260]*260had jurisdiction to issue a redistricting plan. In re Mauldin, Civ. No. 2001-M-01891 (Dec. 13, 2001), App. to Juris. Statement 110a. Following trial, on December 21, 2001, the State Chancery Court adopted a redistricting plan submitted by the state plaintiffs. On December 26, the state attorney general submitted that plan, along with the Mississippi Supreme Court’s Mauldin decision (which arguably changed the process for drawing congressional districts by authorizing the Chancery Court to create a redistricting plan), to the Department of Justice (DOJ) for preclearance. On February 14, 2002, DOJ sent a letter to the state attorney general requesting additional information about the Mauldin decision, because “the information sent to date regarding this change in voting procedure is insufficient . . . .” App. to Juris. Statement 193a. The letter advised that the “sixty-day review period will begin when we receive the information specified.” Id., at 196a. The state attorney general provided additional information on February 19 and 20, 2002.

Meanwhile, in January 2002, the District Court, expressing “serious doubts whether the Mississippi Supreme Court’s Order and the plan adopted by the Chancery Court pursuant to that order will be precleared prior to the March 1 candidate qualification deadline,” 189 F. Supp. 2d, at-508, had begun to develop its own redistricting plan, id., at 511. On February 4, 2002, it promulgated a redistricting plan to be used absent the timely preclearance of the Chancery Court plan. 189 F. Supp. 2d 512 (SD Miss.). On February 19, it ordered that, if the Chancery Court redistricting plan was not “precleared before the close of business on Monday, February 25, 2002,” then the District Court’s plan would fix the Mississippi congressional districts for the 2002 elections. 189 F. Supp. 2d 529, 548. February 25th came and went with no action by DOJ. On February 26, the District Court enjoined the State from using the Chancery Court plan and ordered use of the District Court’s own plan in the 2002 elections and all succeeding elections until the State produced [261]*261a constitutional redistricting plan that was precleared. 189 F. Supp. 2d 548, 559. The court said that the basis for its injunction and order was “reflected in our opinion of February 19, that is, the failure of the timely preelearance under § 5 of the Voting Rights Act of the Hinds County Chancery Court’s plan.” Id., at 549. However, “in the event that on appeal it is determined that we erred in our February 19 ruling,” the court put forth as its “alternative holding” that Article I, §4, of the United States Constitution prohibited the State Chancery Court from issuing a redistricting plan without express authorization from the state legislature. Ibid.

The State did not file a notice of appeal. On April 1,2002, DOJ informed the State in a letter that “it would be inappropriate for the Attorney General to make a determination concerning [the State’s preclearance] submission now” because the District Court’s injunction rendered the state-court plan incapable of administration. App. 29.

The state plaintiffs — intervenors in the District Court— filed a timely notice of appeal from the District Court and a jurisdictional statement. The federal plaintiffs filed a jurisdictional statement on conditional cross-appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
538 U.S. 254, 123 S. Ct. 1429, 155 L. Ed. 2d 407, 2003 U.S. LEXIS 2709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branch-v-smith-scotus-2003.