Growe v. Emison, 507 U.S. 25, 3 (1993)

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Cite as: 507 U. S. 25 (1993)

Opinion of the Court

John D. French, Michael L. Cheever, Peter S. Wattson, and Alan W. Weinblatt.

Solicitor General Starr argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Acting Deputy Assistant Attorney General Simon, and Jessica Dunsay Silver.

Bruce D. Willis argued the cause for appellees. With him on the brief was Mark B. Peterson.*

Justice Scalia delivered the opinion of the Court.

This case raises important issues regarding the propriety of the District Court's pursuing reapportionment of Minnesota's state legislative and federal congressional districts in the face of Minnesota state-court litigation seeking similar relief, and regarding the District Court's conclusion that the state court's legislative plan violated § 2 of the Voting Rights Act of 1965, 79 Stat. 437, as amended, 42 U. S. C. § 1973.

I

In January 1991, a group of Minnesota voters filed a state-court action against the Minnesota Secretary of State and other officials responsible for administering elections, claiming that the State's congressional and legislative districts were malapportioned, in violation of the Fourteenth Amendment of the Federal Constitution and Article 4, § 2, of the Minnesota Constitution. Cotlow v. Growe, No. C8-91-985. The plaintiffs asserted that the 1990 federal census results revealed a significant change in the distribution of the state population, and requested that the court declare the current districts unlawful and draw new districts if the legislature failed to do so. In February, the parties stipulated that, in light of the new census, the challenged districting plans were

* Robert B. Wallace and Jeffrey M. Wice filed a brief for Congressman Martin Frost et al. as amici curiae urging reversal.

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