Court Orders and Failed Initiatives
In March of 1962, the United States Supreme Court ruled in the case of Baker
v. Carr that legislative and congressional malapportionment is
unconstitutional. This historic ruling, which Chief Justice Earl Warren later
called the "most vital decision" made by the Court during his tenure,
paved the way for a series of cases that ultimately changed the nature of
voting and representation in the United States.
In fact, the notion of "one person, one vote," which seems so
fundamental a component of American civil liberties, was not firmly established
until the 1960s courtroom battles over redistricting that began with Baker
v. Carr. The ruling also established that the judiciary as well as state
legislatures could and should be involved in redistricting.
This new precedent was tested in Washington
in December 1962, when the United States District Court for the Western
District of Washington heard the case of Thigpen v. Meyers. James
Thigpen, a registered voter, sought judicial assistance in ensuring
proportionate legislative redistricting in the state. As the defendant, Washington's
Secretary of State argued that there were "insufficient facts" for
the judiciary to become involved, but the precedent set by Baker v. Carr
clearly put redistricting within the scope of the District Court. The Court
ruled in Thigpen v. Meyers that Washington's
legislative districts were invidiously discriminatory, but first gave the 1963
Legislature a chance to rectify the problem. "Believing, as we do, that
redistricting should be accomplished by the body constitutionally responsible
therefore, and the sins of the fathers should not be visited upon the
sons," the justices wrote, "we are deferring final action to afford
it the opportunity of discharging its constitutional mandate" (211 Federal
Supplement 826). The Court would wait and see what the Washington Legislature
decided.
In the midst of these court cases, the state also had
a redistricting initiative on the November ballot, sponsored by the League of
Women Voters. Initiative 211 lost by about 45,000 votes. Thus, as 1962 drew to
a close, not only was Washington still without a redistricting plan, but members of
the 1963 Legislature would convene with the courts watching over them.
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