Senate Bill sb2316
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Florida Senate - 2002 (NP) SR 2316
By Senator Garcia
39-1697-02
1 Senate Resolution No. ____
2 A resolution commending Max Swann and other
3 lawyers for their work in protecting the
4 principle of one person, one vote in
5 apportionment of legislative districts.
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7 WHEREAS, as of 1962, Florida's legislative districts
8 had been apportioned in a manner such that a small minority of
9 Florida's population could elect a majority of both houses of
10 the Legislature, and
11 WHEREAS, this apportionment was contrary to the U.S.
12 Constitution's equal protection requirements and its demand
13 that apportionment adhere to the principle of one person, one
14 vote, and
15 WHEREAS, for years the Florida Legislature had been
16 unable to break a deadlock keeping it from reapportioning
17 Florida's legislative districts based substantially on
18 population and consistent with the U.S. Constitution's
19 dictates, and
20 WHEREAS, Richard H.M. ("Max") Swann, a lawyer, came
21 forward and filed a lawsuit challenging the constitutionality
22 of Florida's apportionment of its legislative districts, and
23 WHEREAS, because Max Swann was about to become judge,
24 he recruited Dan Paul of Miami, Florida, to serve as lead
25 counsel in the lawsuit, and to do so pro bono, and
26 WHEREAS, Dan Paul agreed to prosecute the lawsuit and
27 serve as lead counsel entirely at his own expense and the
28 expense of his firm, while also recruiting four other lawyers
29 to work on the case pro bono: Tom Britton, Richard Wolfson,
30 Neal Rutledge, and Stuart Simon, and
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Florida Senate - 2002 (NP) SR 2316
39-1697-02
1 WHEREAS, these lawyers successfully litigated Max
2 Swann's challenge to Florida's apportionment, which was tried
3 before a three-judge federal panel on more than one occasion
4 and which was reviewed by the United States Supreme Court no
5 less than three times, and
6 WHEREAS, as a direct result of these lawyers' efforts,
7 Florida's legislative districts were ordered by the federal
8 courts to be reapportioned in accordance with the U.S.
9 Constitution's equal protection requirements and its demand
10 for one person, one vote, and
11 WHEREAS, the U.S. Supreme Court's opinions stemming
12 from Max Swann's lawsuit to this day are looked to as
13 precedent protecting the principle of one person, one vote in
14 apportionment of legislative districts, and
15 WHEREAS, these lawyers have rendered a great service to
16 the citizens of the State of Florida and of the United States
17 at large, doing so entirely at their own expense, and
18 WHEREAS, the significant pro bono service of these
19 lawyers has not been recognized properly, NOW, THEREFORE,
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21 Be It Resolved by the Senate of the State of Florida:
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23 That Max Swann, Dan Paul, Neal Rutledge, Tom Britton,
24 Richard Wolfson, and Stuart Simon be recognized and honored
25 for the great public service they rendered to the people of
26 this state, and the Senate further expresses the gratitude of
27 the people of the state of Florida for the pro bono legal work
28 performed by these lawyers to ensure that the apportionment of
29 Florida's legislative districts adhered to the principle of
30 one person, one vote.
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Florida Senate - 2002 (NP) SR 2316
39-1697-02
1 BE IT FURTHER RESOLVED that a copy of this resolution,
2 with the seal of the Senate affixed, be presented to each of
3 the lawyers recognized in this resolution, or the respective
4 families of each deceased lawyer.
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