Davis v. Mann/Concurrence Clark

by Tom C. Clark

United States Supreme Court

377 U.S. 678

Davis  v.  Mann

 Argued: Nov. 14 and 18, 1963. --- Decided: June 15, 1964

Mr. Justice CLARK concurs in the affirmance for the reasons stated in his concurring opinion in Reynolds v. Sims, 377 U.S. 587, 84 S.Ct. 1395.

Dissenting opinion by Mr. Justice HARLAN printed in Nos. 23, 27, and 41, Reynolds v. Sims, 377 U.S. 589, 84 S.Ct. 1395.

Mr. Justice STEWART.

In this case, the District Court recognized that 'population is not * * * the sole or definitive measure of districts when taken by the Equal Protection Clause.' 213 F.Supp., at 584. In reaching its decision the court made clear that it did not 'intend to say that there cannot be wide differences of population in districts if a sound reason can be advanced for the discrepancies.' Id., at 585. The District Court, however, could find 'no rational basis for the disfavoring of Arlington, Fairfax and Norfolk.' Ibid. In my opinion the appellants have failed to show that the trial court erred in reaching this conclusion. Accordingly, in keeping with the view expressed in my dissenting opinion in Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 744, 84 S.Ct. 1477. I would affirm the District Court's judgment holding that to the extent a state legislative apportionment plan is conclusively shown to have no rational basis, such a plan violates the Equal Pro ection Clause.

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