John Marshall Harlan II

“ Ignoring the New York Court of Appeals' holding that Plan A violated the State Constitution, a majority of the District Court, on May 18, 1965, ordered the November 1965 state legislative election to proceed under that plan. One judge dissented, considering that a more appropriate, though admittedly not wholly satisfactory, 'interim' solution would be to permit the November 1965 election to go forward under the old reapportionment formula, with the legislators thus elected being accorded 'weighted votes' in the legislature based on population. ”

“ All parties have shown themselves willing to argue the case promptly. I would set the case for immediate argument, and would have the Court render its decision on the stay promptly thereafter, with opinions on the merits of the controversy to follow in due course. ”

“ For while the denial of a stay does not technically moot the appeal, it is manifest that such is the practical effect of the Court's action, since in normal course the appeal will not even be heard until after the presently ordered November election has taken place. ”