KELLEHER v. S.E. REGIONAL VO. TECH. HIGH SCHOOL

No. 86-1134.

806 F.2d 9 (1986)

Gerald P. KELLEHER, Plaintiff, Appellant, v. SOUTHEASTERN REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL DISTRICT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 26, 1986.


Attorney(s) appearing for the Case

Marjorie Heins with whom John Reinstein, Massachusetts Civil Liberties Union Foundation, Boston, Mass., was on brief, for appellant.

David E. Sullivan, Legal Counsel, Elections Div., Dept. of the State Secretary, on brief, for Michael J. Connolly, Secretary of the Com. of Massachusetts, Boston, Mass., amicus curiae.

Clyde K. Hanyen, with whom Mone and Mathers, P.C., Boston, Mass., was on brief, for appellee.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and COFFIN, Circuit Judge.


WISDOM, Senior Circuit Judge.

This appeal presents the question whether the one person-one vote principle applies to an apportionment scheme approved by a majority of the voters whose votes are diluted under that scheme. The district court ruled that the one person-one vote principle does not apply. We reverse. A majority of voters cannot waive the constitutional right of a minority to an undiluted voting system.

The plaintiff in this action is a citizen of...

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