Jeffers v. Clinton

concurring and dissenting. (Eisele # 2)

In a dissenting opinion filed on the 7th of December 1989, I set forth my belief that this entire proceeding should have been dismissed because the plaintiffs waited without excuse until 1989 to challenge the redistricting plan adopted in 1981 and because of the prejudice caused thereby to the defendants, the people in the affected areas, and, indeed, to the integrity and reliability of the Court’s fact-finding function itself. Acknowledging the broad discretion given the chancellor in such equitable proceedings, I nevertheless concluded that it would be…