Today in Supreme Court History: July 27

Jul 30

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Mahan v. Howell, 404 U.S. 1201 (decided July 27, 1971): Black refuses to stay District Court order changing reapportionment done by Virginia legislature so that there was lesser disparity in population (7.2% vs. 16.4%); due to time pressures, and issues were complicated and the lower court judges were unanimous, Black did not believe that cert would be granted; in fact it was -- Black and Harlan soon retired (and quickly died), replaced by Powell and Rehnquist, and Court reversed, letting legislature’s reapportionment stand, 410 U.S. 315, 1973

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