Germano v. Kerner

Supreme Court of the United States

Decided June 22, 1964

Supreme Court of the United States · decided 1964-06-22

Cited by 7 later decisions (2 by the Supreme Court) — most recently July 1969

1 district · 3 state decisions

Relies on Reynolds v. Sims · Lucas v. Forty-Fourth General Assembly of Colorado · Germano v. Kerner

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · 5–3 · Decided 1964-06-22

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Per Curiam.

¶1 The judgment below is reversed. Reynolds v. Sims, 377 U. S. 533; Lucas v. Forty-Fourth General Assembly of Colorado, 377 U. S. 713. The case is remanded for further proceedings consistent with the views stated in our opinions in Reynolds v. Sims and in the other cases relating to state legislative apportionment decided along with Reynolds.

Mr. Justice Clark and Mr. Justice Stewart would affirm the judgment, because, as the opinions of Judge Campbell and Judge Schnackenberg demonstrate, 220 F. Supp. 230, 235, the Illinois system of legislative apportionment is entirely rational and does not frustrate effective majority rule. Mr. Justice Harlan dissents for the reasons stated in his dissenting opinion in Reynolds v. Sims, 377 U. S. 533, 589. Mr. Justice Goldberg took no part in the consideration or decision of this case.