Kirkpatrick v. Preisler

Appellants

James C. Kirkpatrick, Secretary of State of Missouri, et al.

Appellee

Paul W. Preisler

Appellants' Claim

The 1967 Missouri Redistricting Act was constitutional and any population variances between districts were justified.

Chief Lawyer for Appellants

Irving Actenberg

Chief Lawyer for Appellant

Thomas J. Downey

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Abe Fortas, Thurgood Marshall, Earl Warren

Justices Dissenting

John Marshall Harlan II, Potter Stewart, Byron R. White

Place

Washington, D.C.

Date of Decision

7 April 1969

Decision

Missouri's Congressional Redistricting Act of 1967 was unconstitutional because of the variances in population among each district and the failure of the state to explain why such variances were unavoidable and justifiable.

Related Cases

• Colegrove v. Green, 328 U.S. 549 (1946).
• Wesberry v. Sanders, 376 U.S. 1 (1964).
• Mahan v. Howell, 410 U.S. 315 (1973).
• United Jewish Organizations v. Carey, 430 U.S. 144 (1977).
• Bush v. Vera, 517 U.S. 952 (1996).
• Abrams v. Johnson, 521 U.S. 74 (1997).

Further Readings

• Gunther, Gerald. Constitutional Law, 12th ed. New York: Foundation Press, 1991.
• Nowak, Rotunda, and Young. Constitutional Law, 3rd ed. New York: West, 1986.
• Engdahl, David Constitutional Power: Federal and State. New York: West, 1987.