WMCA, INC. v. LOMENZO

No. 20.

377 U.S. 633 (1964)

WMCA, INC., ET AL. v. LOMENZO, SECRETARY OF STATE OF NEW YORK, ET AL.

Supreme Court of United States.

Decided June 15, 1964.


Attorney(s) appearing for the Case

Leonard B. Sand argued the cause for appellants. With him on the brief was Max Gross.

Irving Galt, Assistant Solicitor General of New York, argued the cause for appellees. With him on the brief for the Secretary of State and Attorney General of New York were Louis J. Lefkowitz, Attorney General of New York, Sheldon Raab, Assistant Attorney General, and Barry Mahoney, Deputy Assistant Attorney General. Francis J. Morgan and Irving Libenson filed a brief for appellee Berman. Stanley S. Corwin filed a brief for appellee Griffing.

Bertram Harnett and Jack B. Weinstein field a brief for appellee Nickerson in support of appellants. Leo A. Larkin, George H. P. Dwight and Benjamin Offner filed a brief for appellees Screvane et al., in support of appellants.

Solicitor General Cox, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Bruce J. Terris and Richard W. Schmude.

Briefs of amici curiae were filed by Leo Pfeffer, Melvin L. Wulf, Jack Greenberg and Robert B. McKay for the American Jewish Congress et al., and by W. Scott Miller, Jr. and George J. Long for Schmied, President of the Board of Aldermen of Louisville, Kentucky.


MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

At issue in this litigation is the constitutional validity, under the Fourteenth Amendment to the Federal Constitution, of the apportionment of seats in the New York Legislature.

I.

Appellants initially brought this action on May 1, 1961, in the Federal District Court for the Southern District of New York. Plaintiffs below included individual citizens and voters residing in five of the...

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