Karcher, Speaker, New Jersey Assembly, Et Al. v. Daggett Et Al.

Justice Brennan, with whom Justice White and Justice Marshall join,

dissenting.

Before the Court is an application seeking to stay an order of a three-judge District Court pending final disposition of an appeal to this Court under 28 U. S. C. § 1253. The challenged order directs the State of New Jersey to conduct upcoming elections for Members of the House of Representatives pursuant to a reapportionment plan adopted by the District Court as a remedy for the constitutional violation found in New Jersey’s 1982 reapportionment plan. See Karcher v. Daggett, 462 U. S. 725 (1983), aff’g 535 F. Supp.…