Rodríguez v. Popular Democratic Party
| Rodríguez v. Popular Democratic Party of Puerto Rico | |
|---|---|
 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 | |
| |
| 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 | |
Rodríguez v. Popular Democratic Party, 457 U.S. 1 (1982), was a case in which 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
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
- Plyler v. Doe, 457 U.S. 202 (1982)
References
External links
- Text of Rodríguez v. Popular Democratic Party, 457 U.S. 1 (1982) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)