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UNITED JEWISH ORG. OF WILLIAMSBURGH v. WILSON

No. 1251, Docket 74-2037.

510 F.2d 512 (1975)

UNITED JEWISH ORGANIZATIONS OF WILLIAMSBURGH, INC., et al., Plaintiffs-Appellants, v. Malcolm WILSON, Governor of the State of New York, et al., Defendants-Appellees, N.A.A.C.P. et al., Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 6, 1975.

Attorney(s) appearing for the Case

Nathan Lewin, Washington, D. C. (Miller, Cassidy, Larroca & Lewin, Washington, D. C., Dennis Rapps, Brooklyn, N. Y., of counsel), for plaintiffs-appellants.

George D. Zuckerman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, of counsel), for defendants-appellees Wilson, Ghezzi, Anderson and Duryea.

Gerald W. Jones, Atty., Dept. of Justice, Washington, D. C. (David G. Trager, U. S. Atty. for the Eastern District of New York, J. Stanley Pottinger, Asst. Atty. Gen., Walter Gorman and S. Michael Scadron, Attys., Dept. of Justice, Washington, D. C., of counsel), for defendant-appellee Saxbe.

Irwin L. Herzog, Asst. Corp. Counsel for the City of New York, New York City, for defendant-appellee The Board of Elections of the City of New York.

Eric Schnapper, New York City (Jack Greenberg, New York City, of counsel), for intervenors-appellees.

Before OAKES, Circuit Judge, and FRANKEL and KELLEHER, District Judges.

OAKES, Circuit Judge:

This appeal brings us close to full circle in respect to reapportionment—all the way back from Baker v. Carr almost to Colegrove v. Green. It poses the subtle question whether a federal court should interfere to invalidate on fourteenth or fifteenth amendment grounds a state legislative districting plan for two counties specifically drawn to ensure nonwhite voters a "viable majority" or a "realistic opportunity for minorities to elect...

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