Roman v. Sincock/Concurrence Clark

by Tom C. Clark

United States Supreme Court

377 U.S. 695

Roman  v.  Sincock

 Argued: Dec. 9, 1963. --- Decided: June 15, 1964

Mr. Justice CLARK concurs in the affirmance 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 the appellees showed that the apportionment of seats among the districts represented in the Delaware House of Representatives and within the counties represented in the Delaware Senate, apparently reflects 'no policy, but simply arbitrary and capricious action.' The appellants have failed to dispel this showing by suggesting any possible rational explanation for these aspects of Delaware's system of legislative apportionment. Accordingly, for the reasons stated 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 District Court insofar as it holds that Delaware's system of apportionment violates the Equal Protection Clause.

Notes