Scott v. Germano, 381 U.S. 407 (1965). · Go Syfert
Scott v. Germano, 381 U.S. 407 (1965). Cases Citing This Book View Copy Cite
512 citation events (152 in the last 25 years) across 56 distinct courts.
Strongest positive: Harper v. Hall (nc, 2023-04-28)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Harper v. Hall (3×) also: Cited as authority (quoted), Cited as authority (rule)
N.C. · 2023 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the power of the judiciary of a state to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this court but appropriate action by the states in such cases has been specifically encouraged.
examined Cited as authority (verbatim quote) Contreras v. Illinois State Board of Elections
N.D. Ill. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the power of the judiciary of a state to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this court but appropriate action by the states in such cases has been specifically encouraged.
examined Cited as authority (verbatim quote) McConchie v. Illinois State Board of Elections
N.D. Ill. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the power of the judiciary of a state to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this court but appropriate action by the states in such cases has been specifically encouraged.
discussed Cited as authority (rule) Rebecca Clarke v. Wisconsin Elections Commission
Wis. · 2023 · confidence medium
Growe v. Emison, 507 U.S. 25, 33 (1993) ("[S]tate courts have a significant role in redistricting. 'The power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged.'" (quoting Scott v. Germano, 381 U.S. 407, 409 (1965))).
discussed Cited as authority (rule) Rebecca Clarke v. Wisconsin Elections Commission
Wis. · 2023 · confidence medium
Growe v. Emison, 507 U.S. 25, 33 (1993) ("[S]tate courts have a significant role in redistricting. 'The power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged.'" (quoting Scott v. Germano, 381 U.S. 407, 409 (1965))).
cited Cited as authority (rule) Hari Shetty v. City of Folsom
9th Cir. · 2023 · confidence medium
Scott v. Germano holds that federal courts should abstain from impeding states’ rights to apportion their legislatures. 381 U.S. 407, 408 (1965).
cited Cited as authority (rule) Theresa Norelli & a. v. Secretary of State & a.
N.H. · 2022 · confidence medium
Scott v. Germano, 381 U.S. 407, 409 (1965) (per curiam).
discussed Cited as authority (rule) Harkenrider v. Hochul
NY · 2022 · confidence medium
Indeed, most recently the principle was cited to justify the United States Supreme Court’s decision not to disturb a state court order requiring alteration of North Carolina’s existing congressional maps for the upcoming 2022 primary (Moore v Harper, 595 US —, 142 S Ct 1089 , 1089 [2022, Kavanaugh, J., concurring in denial of application for stay]). - 28 - - 29 - No. 60 “The power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by [the United States Supreme] Court but appropriate action by the States i…
discussed Cited as authority (rule) Carter, C., Pets. v. Chapman, L.
Pa. · 2022 · confidence medium
Although “the primary responsibility and authority for drawing” the Commonwealth’s congressional districts “rests squarely” with the General Assembly,1 the long-standing practice of the state and federal courts counsels judicial intervention when the political branches fail to timely enact a congressional districting plan and “when further delay” threatens to “disrupt the election process.”2 As the recent flurry of activity involving 1 League of Women Voters v. Commonwealth, 178 A.3d 737, 821 (Pa. 2018) (“LWV II”). 2 Branch v. Smith, 538 U.S. 254, 279 (2003) (plurality); …
discussed Cited as authority (rule) Carter, C., Pets. v. Chapman, L.
Pa. · 2022 · confidence medium
Perry v. Perez, 565 U.S. 388, 392 (2012) (per curiam), quoting Connor v. Finch, 431 U.S. 407, 415 (1977); see also League of Women Voters, 178 A.3d at 824 (“the Pennsylvania Constitution, statutory law, our Court’s decisions, federal precedent, and case law from our sister states, all serve as a bedrock foundation on which stands the authority of the state judiciary to formulate a valid redistricting plan when necessary”); accord, e.g., Growe v. Emison, 507 U.S. 25, 34 (1993) (recognizing the “legitimacy of state judicial redistricting”) (emphasis in original); Scott v. Germano, 381 …
discussed Cited as authority (rule) South Carolina State Conference of the NAACP, The v. Alexander (2×) also: Cited "see"
D.S.C. · 2021 · confidence medium
Scott v. Germano, 381 U.S. 407, 409 (1965).
discussed Cited as authority (rule) Stephenson v. Bartlett (2×)
N.C. · 2003 · confidence medium
Indeed, within the context of state redistricting and reapportionment disputes, it is well within the “power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan.” Scott v. Germano, 381 U.S. 407, 409 , 14 L.
cited Cited as authority (rule) Senators v. Gardner, et al.
D.N.H. · 2002 · confidence medium
See, e.g., Growe v. Emison, 507 U.S. 25, 33-34 (1993); Scott v. Germane, 381 U.S. 407, 409 (1965) .
examined Cited as authority (rule) Stephenson v. Bartlett (7×) also: Cited "see"
N.C. · 2002 · confidence medium
Indeed, within the context of state redistricting and reapportionment disputes, it is well within the “power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan.” Scott v. Germano, 381 U.S. 407, 409 , 14 L.
discussed Cited as authority (rule) Jensen v. Wisconsin Elections Board
Wis. · 2002 · confidence medium
It is an established constitutional principle in our federal system that congressional reapportionment and state legislative redistricting are primarily state, not federal, prerogatives. 2 Growe v. Emison, 507 U.S. 25, 34 (1993); Chapman v. Meier, 420 U.S. 1, 27 (1975); Scott v. Germano, 381 U.S. 407, 409 (1965).
discussed Cited as authority (rule) Skolnick v. State Electoral Board of Illinois (2×)
N.D. Ill. · 1971 · confidence medium
The Supreme Court agreed and ordered our court to stay our hand, noting that “the power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged.” Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525, 1527 (1965).
discussed Cited as authority (rule) Williams v. Rhodes (2×)
SCOTUS · 1968 · confidence medium
In 1967, the Missouri General Assembly made still another attempt to enact a constitutional plan, but on December 29, 1967, this plan was also invalidated. 279 F. Supp. 952 . [9] Cf. Scott v. Germano, 381 U. S. 407, 409 (1965), in which we stated that the "power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged." [10] MacDougall v. Green, 335 U. S. 281 (1948), did contest the constitutionality of Illinois' system of…
examined Cited as authority (rule) Silver v. Brown (5×) also: Cited "see"
Cal. · 1965 · confidence medium
Since the validity of any apportionment of the Senate involves questions of both state and federal constitutional law and since the United States Supreme Court has stated its preference that appropriate state agencies including state courts be given adequate opportunity to adopt their own reapportionment plans before the federal courts act ( Scott v. Germano (1965) 381 U.S. 407, 409 [ 85 S.Ct. 1525, 1527 , 14 L.Ed.2d 477, 478 ] and cases cited), we took jurisdiction in the Senate case despite the pendency of the federal action.
examined Cited as authority (rule) Silver v. Brown (5×) also: Cited "see"
Cal. · 1965 · confidence medium
Since the validity of any apportionment of the Senate involves questions of both state and federal constitutional law and since the United States Supreme Court has stated its preference that appropriate state agencies including state courts be given adequate opportunity to adopt their own reapportionment plans before the federal courts act (Scott v. Germano (1965) 381 U.S. 407, 409 [ 85 S.Ct. 1525, 1527 , 14 L.Ed.2d 477, 478 ] and cases cited), we took jurisdiction in the Senate ease despite the pendency of the federal action.
examined Cited "see" League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion) (3×)
Ohio · 2022 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965).
cited Cited "see" League of Women Voters of PA v. Cmwlth
Pa. · 2018 · signal: see · confidence high
See Scott, 381 U.S. at 409 (collecting cases). [J-1-2018] [MO: Todd, J.] - 6 Nor did the Court contemplate the Elections Clause in Growe v. Emison, 507 U.S. 25 (1993).
cited Cited "see" In re Below
N.H. · 2004 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 (1965) (per curiam).
cited Cited "see" Representative Burling v. Chandler
N.H. · 2002 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407,409 (1965) (per curiam).
examined Cited "see" Arrington v. Elections Board (10×) also: Cited "see, e.g."
E.D. Wis. · 2001 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965)(per curiam); Growe, 507 U.S. at 36 , 113 S.Ct. 1075 .
discussed Cited "see" Benavidez v. Eu (2×)
9th Cir. · 1994 · signal: see · confidence high
See Germano, 381 U.S. at 409 , 85 S.Ct. at 1527 . 40 The Supreme Court has recently addressed the identical situation faced by us: an unseemly race in federal and state courts to adopt a state redistricting plan in response to the most recent census.
discussed Cited "see" Benavidez v. Eu (2×)
9th Cir. · 1994 · signal: see · confidence high
See Germano, 381 U.S. at 409 , 85 S.Ct. at 1527 .
cited Cited "see" Growe v. Emison
SCOTUS · 1993 · signal: see · confidence high
See Germano, 381 U. S., at 409 (citing cases).
examined Cited "see" Members of the California Democratic Congressional Delegation v. Eu (8×)
N.D. Cal. · 1992 · signal: see · confidence high
See Scott v. Germano, 381 U.S. at 409-10 , 85 S.Ct. at 1526-27 ; Badham v. United States Dist.
examined Cited "see" Robert E. Badham v. United States District Court For The Northern District Of California (3×)
9th Cir. · 1983 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525, 1526 , 14 L.Ed.2d 477 (1965) (district court should have stayed hand when Illinois Supreme Court had found the composition of the Illinois Senate invalid and retained jurisdiction to ensure a valid plan was created).
examined Cited "see" Badham v. United States District Court (3×)
9th Cir. · 1983 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525, 1526 , 14 L.Ed.2d 477 (1965) (district court should have stayed hand when Illinois Supreme Court had found the composition of the Illinois Senate invalid and retained jurisdiction to ensure a valid plan was created).
examined Cited "see" Badham v. March Fong Eu (3×)
N.D. Cal. · 1983 · signal: see · confidence high
See Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525, 1526 , 14 L.Ed.2d 477 (1965) (district court should have stayed hand when Illinois Supreme Court had found the composition of the Illinois Senate invalid and retained jurisdiction to ensure a valid plan was created).
discussed Cited "see" In Re Apportionment of State Legislature—1982
Mich. · 1982 · signal: see · confidence high
The apportionment system set forth in the constitution was a delicate system of compromises; the smaller counties might lose unjustly under this apportionment rule, but would benefit under the weighted land area/population formulae. [53] In re Apportionment of State Legislature â 1982, 413 Mich 119 , supra (part II, A). [54] Const 1963, art 4, § 2, ķ (2); see In re Apportionment of State Legislature â 1982, 413 Mich 158 , supra (fn 19). [55] In Scott v Germano, 381 US 407, 408-409 ; 85 S Ct 1525 ; 14 L Ed 2d 477 (1965), the Illinois Supreme Court, after holding the apportionment of the Ill…
examined Cited "see" Visnich v. Sacramento County Board of Education (3×)
Cal. Ct. App. · 1974 · signal: see · confidence high
(Reynolds v. Simms, 377 U.S. 533, 586-587 [ 12 L.Ed.2d 506 , 84 S.Ct. 1362 ]; Maryland Committee v. Tawes, 377 U.S. 656, 676 [ 12 L.Ed.2d 595 , 84 S.Ct. 1442 ]; WMCA, Inc. v. Lomenzo, 377 U.S. 633, 655 [ 12 L.Ed.2d 568 , 84 S.Ct. 1418 ]; see Scott v. Germano, 381 U.S. 407, 409 [ 14 L.Ed.2d 477, 478 , 85 S.Ct. 1525, 1527 ].)” Clearly, the Sacramento County Board of Education had both the power and duty to cause itself to be reapportioned, which it did, and to carry on its functions without interruption.
cited Cited "see" Walsh v. Secretary of the Commonwealth
Mass. · 1970 · signal: see · confidence high
See Scott v. Germano, 381 U. S. 407, 409 ; Maryland Comm. for Fair Representation v. Tawes, 377 U. S. 656, 676 ; see also People ex rel.
cited Cited "see" Springfield School Committee v. Abraham Barksdale, Jr.
1st Cir. · 1965 · signal: see · confidence high
See Scott v. Germano, 85 S.Ct. 1525 (6/11/65); Armstrong v. Board of Education, 5th Cir., 1964, 333 F.2d 47 , 52.
examined Cited "see, e.g." Arizona State Legislature v. Arizona Independent Redistricting Commission (3×)
D. Ariz. · 2014 · signal: see also · confidence low
See also Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965) (per curiam) (holding in a state reapportionment case that “[t]he power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged.”) The Arizona Constitution allows multiple avenues for lawmaking and one of those avenues is the ballot initiative, as employed here through Proposition 106.
examined Cited "see, e.g." Pileggi v. Aichele (3×)
E.D. Pa. · 2012 · signal: see also · confidence low
Reapportionment is primarily for the legislature to consider and determine; “judicial relief becomes appropriate only when a legislature fails to reapportion according to federal constitutional requisites in a timely fashion after having had an adequate opportunity to do so.” Reynolds v. Sims, 377 U.S. 533, 586 , 84 S.Ct. 1362 , 12 L.Ed.2d 506 (1964). “[R]eapportionment is primarily the duty and responsibility of the State through its legislature or other body, rather than of a federal court.” Chapman v. Meier, 420 U.S. 1, 27 , 95 S.Ct. 751 , 42 L.Ed.2d 766 (1975); see also Scott v. Ge…
examined Cited "see, e.g." Cano v. Davis (3×)
C.D. Cal. · 2002 · signal: see also · confidence low
In Pullman, the Supreme Court held “that federal courts should abstain from decision when difficult and unsettled questions of state law must be resolved before a substantial federal constitutional question can be decided.” Hawaii Housing Auth. v. Midkiff, 467 U.S. 229, 236 , 104 S.Ct. 2321 , 81 L.Ed.2d 186 (1984). 3 In the reapportionment context, federal courts are required “to defer consideration of disputes involving redistricting where the State, through its legislative or judicial branch, has begun to address that highly political task itself.” Growe, 507 U.S. at 33, 113 S.Ct. 10…
examined Cited "see, e.g." Johnson v. Mortham (6×)
N.D. Fla. · 1996 · signal: see, e.g. · confidence low
See, e.g., Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965).
examined Cited "see, e.g." Hellebust v. Brownback (3×)
D. Kan. · 1995 · signal: see, e.g. · confidence low
See, e.g., Scott v. Germano, 381 U.S. 407, 409-10 , 85 S.Ct. 1525, 1526-27 , 14 L.Ed.2d 477 (1965); Simone v. MacPhail, 291 F.Supp. 697, 700-01 (D.Kan.1968) (district court gave Kansas county opportunity to adopt a constitutionally permissible apportionment of districts and retained jurisdiction to enter, if necessary, an order for a valid reapportionment plan); Long v. Avery, 251 F.Supp. 541, 559 (D.Kan.1966) (district court afforded Kansas Legislature an opportunity to act, failing which, the court would enter an order for a valid plan to cure the federal constitutional violation).
examined Cited "see, e.g." Marylanders for Fair Representation, Inc. v. Schaefer (3×)
D. Maryland · 1992 · signal: see also · confidence low
See also Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965); cf. Maryland Committee for Fair Representation v. Tawes, 377 U.S. 656, 674 , 84 S.Ct. 1429, 1439 , 12 L.Ed.2d 595 (1964) (encouraging state courts to hear challenges to apportionment plans).
examined Cited "see, e.g." Dickinson v. Indiana State Election Board (3×)
7th Cir. · 1991 · signal: compare · confidence low
Compare Smith v. Clinton, 687 F.Supp. 1361 (E.D.Ark.) (three judge court) (members of Board of Apportionment named), aff’d mem., 488 U.S. 988 , 109 S.Ct. 548 , 102 L.Ed.2d 576 (1988), and Jeffers v. Clinton, 730 F.Supp. 196 (E.D.Ark.1989) (same), and Thornburg v. Gingles, 478 U.S. 30 , 106 S.Ct. 2752 , 92 L.Ed.2d 25 (1986) (President of Senate, Speaker of House named), with Germano v. Kerner, 241 F.Supp. 715, 723 (N.D.Ill.1965) (no state legislator listed), vacated on other grounds sub nom., Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965).
examined Cited "see, e.g." G. Mae Dickinson v. Indiana State Election Board (3×)
7th Cir. · 1991 · signal: compare · confidence low
Compare Smith v. Clinton, 687 F.Supp. 1361 (E.D.Ark.) (three judge court) (members of Board of Apportionment named), aff'd mem., 488 U.S. 988 , 109 S.Ct. 548 , 102 L.Ed.2d 576 (1988), and Jeffers v. Clinton, 730 F.Supp. 196 (E.D.Ark.1989) (same), and Thornburg v. Gingles, 478 U.S. 30 , 106 S.Ct. 2752 , 92 L.Ed.2d 25 (1986) (President of Senate, Speaker of House named), with Germano v. Kerner, 241 F.Supp. 715, 723 (N.D.Ill.1965) (no state legislator listed), vacated on other grounds sub nom., Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965) In some cases it is dffricult to…
examined Cited "see, e.g." BT Investment Managers, Inc. v. Lewis (3×)
5th Cir. · 1977 · signal: see, e.g. · confidence low
See e. g., Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965). .
examined Cited "see, e.g." Ajello v. Schaffer (3×)
D. Conn. · 1972 · signal: see, e.g. · confidence low
See, e. g., Scott v. Germano, 381 U.S. 407, 409 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 (1965); Reynolds v. Sims, supra, 377 U.S. at 586, 84 S.Ct. 1362 ; Pope v. Williams, 193 U.S. 621, 632 , 24 S.Ct. 573 , 48 L.Ed. 817 (1904); Wright v. Richter, 301 F.Supp. 1345, 1348 (D.Del.1969).
examined Cited "see, e.g." Adams v. Fort Madison Community School District (6×)
Iowa · 1970 · signal: see also · confidence low
See also Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525 , 14 L.Ed.2d 477 ; Fortson v. Morris, 385 U.S. 231 , 87 S.Ct. 446 , 17 L.Ed.2d 330 , reh. denied, 385 U.S. 1021 , 87 S.Ct. 719 , 17 L.Ed.2d 560 ; Sailors v. Board of Education of Kent County, 387 U.S. 105 , 87 S.Ct. 1549 , 18 L.Ed.2d 650 ; Dusch v. Davis, 387 U.S. 112 , 87 S.Ct. 1554 , 18 L.Ed.2d 656 ; City of Phoenix v. Kolodziejski, 399 U.S. 204 , 90 S.Ct. 1990 , 26 L.Ed.2d 523 (U.S.).
examined Cited "see, e.g." Wade v. Nolan (6×)
Alaska · 1966 · signal: see also · confidence low
See also Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 1525, 1527 , 14 L.Ed.2d 477, 478 (1965), where in a per curiam opinion the Supreme Court said: We believe that the District Court should have stayed its hand.
examined Cited "see, e.g." Baker v. Carr (4×)
M.D. Tenn. · 1965 · signal: see also · confidence low
See also, Scott v. Germano, 381 U.S. 407 , 85 S.Ct. 407 , 14 L.Ed.2d 477 (June 1, 1965) .
discussed Cited "see, e.g." In re Orans (2×)
N.Y. Sup. Ct. · 1965 · signal: see also · confidence low
This was in conformity with the views expressed by the United States Supreme Court in a number of recent reapportionment cases, to the effect that determination of questions of State constitutionality should be left to the State courts and that the greatest possible deference to State action should be shown by the Federal courts (see, e.g., Reynolds v. Sims, 377 U. S. 533 and related cases decided the same date, June 15, 1964; see, also, Scott v. Germano, 381 U. S. 407 , June 1, 1965).
Retrieving the full opinion text from the archive…
SCOTT, TREASURER OF ILLINOIS, Et Al.
v.
GERMANO Et Al.
1152.
Supreme Court of the United States.
Jun 1, 1965.
381 U.S. 407
1965 U.S. LEXIS 1029
Don H. Reuben, Howard J. Trienens and D. Lawrence Gunnels for appellants., Bernard Kleiman and Lester Asher for Germano et al., and William G. Clark, Attorney General of Illinois, and Richard A. Michael, Assistant Attorney General, for Kerner et al., appellees.
Harlan, Goldberg.
Cited by 138 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Supreme Court of North Carolina (1)
[*408] Per Curiam.

Upon remand of this case, 378 U. S. 560 (1964), for further proceedings consistent with the views stated in Reynolds v. Sims, 377 U. S. 533 (1964), the District Court on January 22, 1965, entered a judgment declaring invalid Art. IV, § 6, of the Illinois Constitution and Ill. Rev. Stat., c. 46, §§158-1 to 158-5 (1963), apportioning the Illinois Senate; directing that all members of the Illinois General Assembly be made parties defendant; and requiring that “any implementation, amendment or substitution of all or part of the said defective portions” of the Illinois Constitution or legislation be submitted to it for approval before the holding of any election thereunder. It further held that if no such “implementation, amendment or substitution” was submitted it would order the parties to show cause why all Illinois State Senators should not be elected from the State at large in the 1966 election and every four years thereafter.

In April 1964 the case of People ex rel. Engle v. Kerner was filed in the Circuit Court of Sangamon County, Illinois. It contested the composition of both houses of the General Assembly but was dismissed by the trial court. Upon appeal the Supreme Court of Illinois on February 4, 1965, held the composition of the Illinois Senate invalid; the court expressed confidence that the General Assembly would “successfully perform its duty to enact a constitutionally valid plan during its current session” which expires July 1, 1965. However, the court retained jurisdiction of the case “for the purpose of taking such affirmative action as may be necessary to insure that the 1966 election is pursuant to a constitutionally valid plan.” 32 Ill. 2d 212, 225, 205 N. E. 2d 33, 41.

On February 8, 1965, the appellants here moved that the United States District Court reconsider and vacate its order of January 22, 1965, and stay further proceedings[*409] in light of the Supreme Court of Illinois’ opinion in Engle, supra. This the District Court refused to do. Direct appeal was perfected here, 28 U. S. C. § 1253 (1958 ed.), and the appellants have now moved to stay the judgment of the District Court. * '

We believe that the District Court should have stayed its hand. The power of the judiciary of a State to require valid reapportionment or to formulate a valid redistricting plan has not only been recognized by this Court but appropriate action by the States in such cases has been specifically encouraged. Maryland Committee v. Tawes, 377 U. S. 656, 676 (1964); Scranton v. Drew, 379 U. S. 40 (1964), citing Butcher v. Bloom, 415 Pa. 438, 203 A. 2d 556 (1964); Jackman v. Bodine, 43 N. J. 453, 473, 205 A. 2d 713, 724 (1964). See also Kidd v. McCanless, 200 Tenn. 273, 292 S. W. 2d 40 (1956), and discussion thereof in Baker v. Carr, 369 U. S. 186, 235-236 (1962).

We therefore vacate the order of the District Court dated May 7,1965. The case is remanded with directions that the District Court enter an order fixing a reasonable time within which the appropriate agencies of the State of Illinois, including its Supreme Court, may validly redistrict the Illinois State Senate; provided that the same be accomplished within ample time to permit such plan to be utilized in the 1966 election of the members of the State Senate, in accordance with the provisions of the Illinois election laws. Ill. Rev. Stat., c. 46 (1963).

The District Court shall retain jurisdiction of the case and in the event a valid reapportionment plan for the State Senate is not timely adopted it may enter such orders as it deems appropriate, including an order for a valid reapportionment plan for the State Senate or an[*410] order directing that its members be elected at large pending a valid reapportionment by the State itself.

It is so ordered.

Mr. Justice Harlan concurs in the result. Mr. Justice Goldberg took no part in the consideration or decision of this case.
*

The motion to dispense with the printing of the jurisdictional statement is granted.