Constitutionality

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Supreme Court of the United States

Case Name: Shapiro v. McManus

Case No: 14-990

Practice Area: Constitutionality

28 U.S.C. §2284(a) is very clear in its mandate that a petitioner challenging the constitutionality of the apportionment of congressional districts are allowed to present their case before a three-judge panel.

“Section 2284(a)’s prescription could not be clearer. Because the present suit is indisputably “an action . . . challenging the constitutionality of the apportionment of congressional districts,” the District Judge was required to refer the case to a three-judge court. Section 2284(a) admits of no exception, and “the mandatory ‘shall’ . . . normally creates an obligation impervious to judicial discretion.” Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U. S. 26, 35. The subsequent provision of §2284(b)(1), that the district judge shall commence the process for appointment of a three-judge panel “unless he determines that three judges are not required,” should be read not as a grant of discretion to the district judge to ignore §2284(a), but as a compatible administrative detail requiring district judges to “determin[e]” only whether the “request for three judges” is made in a case covered by §2284(a). This conclusion is bolstered by §2284(b)(3)’s explicit command that “[a] single judge shall not . . . enter judgment on the merits.” Pp. 3–5.

Reversed and Remanded.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.