Burns v. Richardson (SCOTUS 1966), 384 U.S. 73

Summary

The Court vacated the District Court's orders and remanded with instructions to adopt Hawaii's interim legislative apportionment plan for the 1966 election and retain jurisdiction over permanent reapportionment. It held that multi-member districts are not inherently unconstitutional, that registered voters may serve as an apportionment base, and that the interim plan satisfied equal-protection requirements on the record because its results substantially approximated those produced by a permissible population basis. Justices Harlan and Stewart concurred in the judgment but disputed the Court's rationale for approving the registered-voter basis.

Holding

Judicial restrictions on legislative reapportionment deliberations. Once the District Court permitted legislative action, it should have allowed the Hawaii Legislature to consider modification of the House as well as the Senate and to devise an overall apportionment scheme, rather than restricting its deliberations to the interim Senate plan.

Use of multi-member legislative districts. The Equal Protection Clause does not require one house of a bicameral state legislature to consist of single-member districts. Multi-member districts are unconstitutional only upon a demonstrated showing that, designedly or otherwise, they minimize or cancel out the voting strength of racial or political elements of the electorate; that showing was not made.

Use of registered voters as the apportionment base. A State need not use total population from the federal census as its apportionment base. Registered voters may be used when, on the record, their distribution substantially approximates the distribution of state citizens or another permissible population base; Hawaii's interim use of registered voters met that standard.

Adoption of the interim plan and continuing jurisdiction. The District Court was required to adopt the interim Senate plan together with the existing House apportionment for the 1966 election and retain jurisdiction for all purposes concerning permanent reapportionment and any later constitutional deficiency.

Summary

Holding

Cited authorities