Lawyer v. Department of Justice, 521 U.S. 567, 3 (1997)

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Cite as: 521 U. S. 567 (1997)

Opinion of the Court

Attorney General of Florida, George L. Waas, Assistant Attorney General, Donald L. Bell, Stephen N. Zack, B. Elaine New, and Ben H. Hill III. Irving L. Gornstein argued the cause for the United States. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Patrick, Deputy Solicitor General Waxman, Mark L. Gross, and Rebecca K. Troth. Robert B. McDuff, James M. Landis, Barbara R. Arnwine, Thomas J. Henderson, Brenda Wright, and Todd A. Cox filed a brief for appellees Senator James T. Hargrett, Jr., et al.*

Justice Souter delivered the opinion of the Court.

Appellant was one of several plaintiffs in this suit challenging the configuration of a Florida legislative district under the Equal Protection Clause. All parties except appellant reached a provisional settlement agreement and, after a fairness hearing, a three-judge District Court approved the remedial districting plan proposed in the agreement. Appellant claims that the District Court acted without giving the State an adequate opportunity to make its own redistricting choice by approving the remedial plan without first adjudicating the legality of the original plan, that the court had no authority to approve any settlement over his objection, and that the remedial plan violates the Constitution. We hold that the State exercised the choice to which it was entitled under our cases, that appellant has no right to block the settlement, and that he has failed to point up any unconstitutionality in the plan proposed.

I

After the 1990 Decennial Census, the Florida Legislature adopted a reapportionment plan for Florida's 40 Senate districts and 120 House districts. Following the procedure for

*Robinson O. Everett filed a brief for Americans for the Defense of Constitutional Rights, Inc., as amicus curiae.

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