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PAGE v. BARTELS

No. 01-1943.

248 F.3d 175 (2001)

Donald PAGE; Gertrude Waters; Harold Edwards; Kathy Edwards; William Costly; Carol G. Scantlebury; Jose A. Cabeza; Victor Cabeza; Antonio J. Almeida; Mario H. Neno; David Vargas; Elvi Vasquez; Joseph Arteaga; Fred Shaw; Charles Robinson; Aaron Collins; Allen Barnhardt; The State Senate Republican Majority; Assembly Republican Majority, Appellants, v. Larry BARTELS; Richard Codey; Sonia Delgado; Thomas Giblin; Lewis Greenwald; Bonnie Watson-Coleman, in their official capacity as Members of the State of New Jersey Apportionment Commission; Deforst B. Soaries, Jr., Secretary of the State of New Jersey; John Farmer, Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed April 22, 2001.

As Amended June 25, 2001.

Attorney(s) appearing for the Case

FREDERICK L. WHITMER, (ARGUED), Pitney, Hardin, Kipp & Szuch, Morristown, NJ, Counsel for Appellants.

JOHN J. FARMER, JR., Attorney General of New Jersey, MARK L. FLEMING, Assistant Attorney General, DONNA KELLY, (ARGUED), Deputy Attorney General, PAMELA E. GELLERT, Deputy Attorney General, MARK TURNER HOLMES, Deputy Attorney General, Office of Attorney General of New Jersey Department of Law & Public Safety Division of Law, Richard J. Hughes Justice Complex, Trenton, NJ, Counsel for Appellees The Attorney General of New Jersey and the Secretary of State of New Jersey.

PAUL L. SMITH, (ARGUED) Jenner & Block, Washington, DC, ROBERT LEVY, Scarinci & Hollenbeck, LLC, Secaucus, NJ, LEON SOKOL, Sokol, Behot & Fiorenzo, Hackensack, NJ, Counsel for Appellees Richard Codey, Sonia DelGado, Thomas Giblin, Louis Greenwald, Bonnie Watson-Coleman, and New Jersey Apportionment Commission.

ROBERT L. CLIFFORD, McElroy, Deutsch, & Mulvaney, Morristown, NJ, Counsel for Appellee Larry Bartels.

Before: BECKER, Chief Judge, GARTH and GREENBERG Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal, considered on an extremely expedited basis, arises out of a challenge to New Jersey's recently-adopted state legislative reapportionment plan. On April 11, 2001, the New Jersey Apportionment Commission, charged under the state constitution with the task of apportioning voters among the legislative districts following each decennial census, adopted a districting...

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