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Today in Supreme Court History: July 27

Mahan v. Howell, 404 U.S. 1201 (decided July 27, 1971): in one of his last acts, Hugo Black refuses to stay District Court order changing reapportionment done by Virginia legislature so that there was lesser disparity in population (7.2% vs. 16.4%); because of time pressures, and because the issues were complicated and the lower court judges were unanimous, Black did not believe that cert would be granted (in fact it was, after Black and Harlan retired -- and quickly died -- and were replaced by Powell and Rehnquist, and the Court reversed, letting the legislature’s reapportionment stand, 410 U.S. 315, 1973)

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