LOCATION: First Division Circuit Court, Pulaski County
DOCKET NO.: 77-529
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 437 US 535 (1978)
ARGUED: Apr 26, 1978
DECIDED: Jun 22, 1978
James A. Johnston, Jr. - for respondents
Joseph G. Werner - for petitioners
Peter Buscemi - pro hac vice, for United States, as amicus curiae, by special leave of Court
Facts of the case
Media for Wise v. LipscombAudio Transcription for Oral Argument - April 26, 1978 in Wise v. Lipscomb
Audio Transcription for Opinion Announcement - June 22, 1978 in Wise v. Lipscomb
Warren E. Burger:
The judgment of the Court in 77-529, Wise, the Mayor of Dallas against Lipscomb will be announced by Mr. Justice White.
Byron R. White:
In this case, the District Court approved a reapportion plan for the City Council of Dallas.
The plan included, both single and multi member districts.
Court of Appeals disapproved the plan because in its view the plan should have been considered as judicial rather than a legislative plan and subject to the rule applicable judicial plans that only single member districts should be used.
The case came here and six of us think the Court of Appeals was wrong and reverse the judgment, but we hardly speak with one voice.
The reasons for reversal maybe gleaned from an opinion that I have filed, joined by Mr. Justice Stewart, from the opinion filed by Mr. Justice Powell joined by the Chief Justice, Mr. Justice Blackmun and Mr. Justice Rehnquist and an interesting sidelight maybe read in Mr. Justice Rehnquist's opinion, joined by the Chief Justice, Mr. Justice Stewart and Mr. Justice Powell explaining what we have not decided in the case and we have however, only a single dissenting opinion.
Mr. Justice Marshall has filed the dissenting opinion and Justices Brennan and Stevens are with him on that opinion.
Warren E. Burger:
Thank you, Mr. Justice White.