James v. Valtierra

United States Supreme Court

402 U.S. 137

James et al.  v.  Valtierra et al.

Appeal from the United States District Court for the Northern District of California

No. 154.  Argued: March 3-4, 1971 --- Decided: April 26, 1971^[1]

Appellees, who are eligible for low-cost public housing, challenged the requirement of Art. XXXIV of the California Constitution that no low-rent housing project be developed, constructed, or acquired by any state public body without the approval of a majority of those voting at a community election, as violative of the Supremacy, Privileges and Immunities, and Equal Protection Clauses of the United States Constitution. A three-judge District Court enjoined the enforcement of the referendum provision on the ground that it denied appellees equal protection of the laws, relying chiefly on Hunter v. Erickson, 393 U.S. 385.

Held: The California procedure for mandatory referendums, which is not limited to proposals involving low-cost public housing, ensures democratic decisionmaking, and does not violate the Equal Protection Clause. Hunter v. Erickson, supra, distinguished. Pp. 140-143.

313 F. Supp. 1, reversed and remanded.

BLACK, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, and WHITE, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which BRENNAN and BLACKMUN, JJ., joined, post, p. 143. DOUGLAS, J., took no part in the consideration or decision of the cases.

Donald C. Atkinson argued the cause and filed a brief for appellants in No. 154. Moses Lasky argued the cause for appellant in No. 226. With him on the briefs was Malcolm T. Dungan.

Archibald Cox argued the cause for appellees in both cases. On the brief were Lois P. Sheinfeld and Anthony G. Amsterdam. Warren Christopher and Donald M. Wessling filed a brief for appellee Housing Authority of the city of San Jose in both cases.

Briefs of amici curiae urging affirmance in both cases were filed by Solicitor General Griswold, Assistant Attorney General Leonard, and Lawrence G. Wallace for the United States, and by Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and George D. Zuckerman, Dominick J. Tuminaro, and Lloyd G. Milliken, Assistant Attorneys General, for the Attorney General of the State of New York.

Notes

1. Together with No. 226, Shaffer v. Valtierra et al., also on appeal from the same court, argued March 4, 1971.