Maryland Committee for Fair Representation v. Tawes/Concurrence Clark

by Tom C. Clark

United States Supreme Court

377 U.S. 656

Maryland Committee for Fair Representation  v.  Tawes

 Argued: Nov. 13 and 14, 1963. --- Decided: June 15, 1964

Mr. Justice CLARK concurs in the reversal for the reasons stated in his concurring opinion in Reynolds v. Sims, 377 U.S. 587, 84 S.Ct. 1395.

Dissenting opinion by Mr. Justice HARLAN printed in Nos. 23, 27 and 41, Reynolds v. Sims, 377 U.S. 589, 84 S.Ct. 1395.

Mr. Justice STEWART.

In this case there is no finding by this Court or by the Maryland Court of Appeals that Maryland's apportionment plan reflects 'no policy, but simply arbitrary and capricious action or inaction.' Nor do I think such a finding on the record before us would be warranted. Consequently, on the basis of the constitutional views expressed in my dissenting opinion in Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 744, 84 S.Ct. 1477. I would affirm the judgment of the Maryland Court of Appeals unless the Maryland apportionment 'could be shown systematically to prevent ultimate effective majority rule.' The Maryland court did not address itself to this question. Accordingly, I would vacate the judgment and remand this case to the state court for full consideration of this issue.

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