Rodríguez v. Popular Democratic Party
1982 United States Supreme Court case / From Wikipedia, the free encyclopedia
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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.
Rodríguez v. Popular Democratic Party of Puerto Rico | |
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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 |
Case history | |
Prior | Superior Court of Puerto Rico, Judgment for Popular Democratic Party |
Subsequent | 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 | |
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Case opinion | |
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 |