Clements v. Fashing

457 U.S. 957, 102 S. Ct. 2836, 73 L. Ed. 2d 508, 1982 U.S. LEXIS 9
Supreme Court of the United States·Decided September 9, 1982·No. 80-1290·Published·Cited by 767 cases

Opinions

Justice Rehnquist

delivered the opinion of the Court with respect to Parts I, II, and V, and delivered an opinion with respect to Parts III and IV, in which The Chief Justice, Justice Powell, and Justice O’Connor joined.

Appellees in this case challenge two provisions of the Texas Constitution that limit a public official’s ability to become a candidate for another public office. The primary question in this appeal is whether these provisions violate the Equal Protection Clause of the Fourteenth Amendment.

[960]*960h-H

Article III, § 19, of the Texas Constitution provides:

“No judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding a lucrative office under the United States, or this State, or any foreign government shall during the term for which he is elected or appointed, be eligible to the Legislature.”

Section 19 renders an officeholder ineligible for the Texas Legislature if his current term of office will not expire until after the legislative term to which he aspires begins. Lee v. Daniels, 377 S. W. 2d 618, 619 (Tex. 1964). Resignation is ineffective to avoid § 19 if the officeholder’s current term of office overlaps the term of the legislature to which he seeks election. Ibid. In other words, §19 requires an officeholder to complete his current term of office before he may be eligible to serve in the legislature.

Article XVI, § 65, is commonly referred to as a “resign-to-run” or “automatic resignation” provision. Section 65 covers a wide range of state and county offices.1 It provides in relevant part:

“[IJf any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held.”

[961]*961Four of the appellees are officeholders subject to the automatic resignation provision of §65. Fashing is a County Judge, Baca and McGhee are Justices of the Peace, and Ybarra is a Constable. Each officeholder-appellee alleged in the complaint that he is qualified under Texas law to be a candidate for higher judicial office, and that the reason he has not and will not announce his candidacy is that such an announcement will constitute an automatic resignation from his current position. Appellee Baca alleged in addition that he could not become a candidate for the legislature because of § 19. The remaining appellees are 20 voters who allege that they would vote for the officeholder-appellees were they to become candidates.

The District Court for the Western District of Texas held that § 19 and § 65 denied appellees equal protection. Fashing v. Moore, 489 F. Supp. 471 (1980). The District Court concluded that §19 created “classifications that are invidiously discriminatory.” Id., at 475. The District Court explained that § 19 draws distinctions between those officials whose terms end concurrently with the beginning of the legislative term and those whose terms overlap the legislative term. The court also found §19 deficient because “[n]o reciprocal prohibition ... is placed upon a legislator seeking to run for mayor or judge.” Ibid. As to §65, the District Court determined that the classifications embodied in §65 “fail[ed] to serve any proper governmental interest” because some state and local officials were covered by §65 while others were not. The Court of Appeals for the Fifth Circuit affirmed without opinion. Fashing v. Moore, 631 F. 2d 731 (1980). We noted probable jurisdiction, 452 U. S. 904 (1981), and now reverse.

II

Before we may reach the merits of the constitutional issues in this case, we must address appellants’ contention that the allegations in the complaint are insufficient to create a “case or controversy” between the officeholder-appellees and those Texas officials charged with enforcing § 19 and § 65. Appel[962]*962lants contend that the dispute in this case is merely hypothetical and therefore not a justiciable controversy within the meaning of Art. Ill of the United States Constitution. United Public Workers v. Mitchell, 330 U. S. 75, 90-91 (1947).

We find the uncontested allegations in the complaint sufficient to create an actual case or controversy. The officeholder-appellees have alleged that they have not and will not announce their candidacy for higher judicial office because such action will constitute an automatic resignation of their current offices pursuant to §65. Unlike the situation in Mitchell, appellees have alleged in a precise manner that, but for the sanctions of the constitutional provision they seek to challenge, they would engage in the very acts that would trigger the enforcement of the provision. Given that §65 provides for automatic resignation upon an announcement of candidacy, it cannot be said that §65 presents only a speculative or hypothetical obstacle to appellees’ candidacy for higher judicial office. See Regional Rail Reorganization Act Cases, 419 U. S. 102, 143, and n. 29 (1974); Turner v. Fouche, 396 U. S. 346, 361-362, n. 23 (1970).

Baca’s uncontested allegations are sufficient to create a case or controversy with regard to § 19. That provision entirely disables an officeholder from becoming a candidate for the legislature until he completes his present term of office. The gist of Baca’s challenge to § 19 is that it renders him ineligible to become a candidate for the legislature because his term as Justice of the Peace overlaps the legislative term. Baca’s dispute with appellants over the constitutionality of § 19, therefore, cannot be said to be abstract or hypothetical, since he has sufficiently alleged that § 19 has prevented him from becoming a candidate for the legislature.

Ill

The Equal Protection Clause allows the States considerable leeway to enact legislation that may appear to affect [963]*963similarly situated people differently. Legislatures are ordinarily assumed to have acted constitutionally. Under traditional equal protection principles, distinctions need only be drawn in such a manner as to bear some rational relationship to a legitimate state end. Classifications are set aside only if they are based solely on reasons totally unrelated to the pursuit of the State’s goals and only if no grounds can be conceived to justify them. See, e. g., McDonald v. Board of Election Comm’rs, 394 U. S. 802, 808-809 (1969); McGowan v. Maryland, 366 U. S. 420, 425-426 (1961).

Free access — add to your briefcase to read the full text and ask questions with AI

Clements v. Fashing, 457 U.S. 957, 102 S. Ct. 2836, 73 L. Ed. 2d 508, 1982 U.S. LEXIS 9 (1982).

457 U.S. 957 (Clements v. Fashing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Brandt v. Pompa
2022 Ohio 4525 (Ohio Supreme Court, 2022)
State v. Guyton
2022 Ohio 2962 (Ohio Court of Appeals, 2022)
Earline Cole v. Matthew Oravec
700 F. App'x 602 (Ninth Circuit, 2017)
Hill v. United States Parole Commission
District of Columbia, 2017
Peace & Freedom Party v. Bowen
912 F. Supp. 2d 905 (E.D. California, 2012)
State Ex Inf. Hensley v. Young
362 S.W.3d 386 (Supreme Court of Missouri, 2012)
Joubert-Vazquez v. Alvarez-Rubio
820 F. Supp. 2d 289 (D. Puerto Rico, 2011)
Daien v. Ysursa
711 F. Supp. 2d 1215 (D. Idaho, 2010)
Blevins v. Chapman
47 So. 3d 227 (Supreme Court of Alabama, 2010)
Block v. Mollis
618 F. Supp. 2d 142 (D. Rhode Island, 2009)
Greenwell v. Parsley
541 F.3d 401 (Sixth Circuit, 2008)
Lawrence v. BOARD OF ELEC. COM'RS OF CITY OF CHIC.
524 F. Supp. 2d 1011 (N.D. Illinois, 2007)
Crespo v. United States Merit Systems Protection Board
486 F. Supp. 2d 680 (N.D. Ohio, 2007)
Posely v. Eckerd Corp.
433 F. Supp. 2d 1287 (S.D. Florida, 2006)
Commonwealth Ex Rel. Stumbo v. Crutchfield
157 S.W.3d 621 (Kentucky Supreme Court, 2005)
Kern County Employees' Retirement Ass'n v. Bellino
24 Cal. Rptr. 3d 384 (California Court of Appeal, 2005)
Nader v. Connor
332 F. Supp. 2d 982 (W.D. Texas, 2004)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2004
Whitehouse v. Moran
808 A.2d 626 (Supreme Court of Rhode Island, 2002)