Brown, et al. v. State, et al

Appellants, members of the U.S. House of Representatives, along with the Florida House of Representatives, appealed from a district court order granting final summary judgment to appellees, the Florida Secretary of State and various intervening parties. At issue was whether a state constitutional provision, Amendment Six, establishing standards for congressional redistricting that was approved by the people by initiative was contrary to the Elections Clause of the U.S. Constitution. The court held that Florida voters' act of lawmaking according to the state's expressly enumerated lawmaking process was fully consistent with the commands of the Elections Clause, and consonant with the understanding given to the Elections Clause by the Supreme Court in Ohio ex rel. Davis v. Hildebrant and Smiley v. Holm. The court also held that the factors enumerated in Amendment Six have been for many years commonly considered by legislative bodies in congressional redistricting and long accepted by the courts as being lawful and consistent with the powers delegated to the state legislatures by the U.S. Constitution. Accordingly, the court affirmed the judgment of the district court. View "Brown, et al. v. State, et al" on Justia Law