Rodríguez v. Popular Democratic Party

Rodríguez v. Popular Democratic Party of Puerto Rico

Argued March 22, 1982
Decided June 7, 1982
Full case name Jesus Rivera Rodríguez, et al. v. Popular Democratic Party, et al.
Citations

457 U.S. 1 (more)

102 S. Ct. 2194; 72 L. Ed. 2d 628; 1982 U.S. LEXIS 115; 50 U.S.L.W. 4599
Prior history Superior Court of Puerto Rico, Judgment for Popular Democratic Party
Subsequent history Supreme Court of Puerto Rico, Judgment for Carlos Romero Barcelo, Governor of Puerto Rico
Holding
Whether Puerto Rico may, by statute, vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the Constitution of the United States.[1]
Court membership
Chief Justice
Warren E. Burger
Case opinions
Majority Burger, joined by unanimous
Laws applied
U.S. Const. article I, section 2, and US Const. Amendment 17, clause 2; Art. III, § 8. Article 5.006 of the Puerto Rico Electoral Law

Rodríguez v. Popular Democratic Party, 457 U.S. 1 (1982), was a case in which the Supreme Court of the United States heard on appeal from the Supreme Court of Puerto Rico whether Puerto Rico may by statute vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the United States Constitution, and the US Supreme Court upheld the decision of the Supreme Court of Puerto Rico.[2] The case was of some interest to close followers of the Court as it featured the one and only return of former associate justice, Abe Fortas, now in private practice, at oral argument on behalf of the appellee.

Background

A member of appellee Popular Democratic Party (hereafter "appellee") who was elected in the November, 1980, general election to the Puerto Rico House of Representatives from District 31, died in 1981. The Governor of Puerto Rico subsequently called for a "by-election" — open to all qualified voters in District 31 — to fill the vacancy. Appellee then filed suit in the Superior Court of Puerto Rico, alleging that the Puerto Rico statutes under which the Governor purported to act authorized only candidates and electors affiliated with appellee to participate in the by-election. Appellants, qualified electors in District 31 who are not affiliated with appellee, intervened as defendants. The court entered judgment for appellee. The Puerto Rico Supreme Court modified the Superior Court's judgment, holding, inter alia, that the pertinent statute, as properly construed, requires a by-election only if the party of the legislator vacating the seat fails to designate a replacement within 60 days after the vacancy occurs, and that, if the party selects a single candidate within such period, that candidate is declared "automatically elected to fill the vacancy." The court rejected appellants' contention that this procedure violated the Federal Constitution. While the case was pending before the Puerto Rico Supreme Court, appellee held a primary election in which only its members were permitted to participate, and which resulted in the selection of a person who, pursuant to the Supreme Court's mandate, was sworn in as the new representative from District 31.

See also

External links

References

  1. ↑ Supreme Court Cases on Political Representation, 1787-2001 By Christopher A. Anzalone, United States Supreme Court, page 395. Accessed July 14, 2009.
  2. ↑ Case Law Accessed July 14, 2009.
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