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SPALLONE v. UNITED STATES

No. 88-854.

493 U.S. 265 (1990)

110 S.Ct. 625

107 L.Ed.2d 644

SPALLONE v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 10, 1990

Attorney(s) appearing for the Case

James D. Harmon, Jr., argued the cause for petitioners in all cases and filed briefs for petitioner in No. 88-856. With him on the briefs were Barry G. Saretsky, Martin S. Kaufman, Michael J. Eng, and Aaron F. Fishbein. Anthony J. Mercorella, James L. Fischer, Vincent R. Fontana, and Vincent R. Cappucci filed briefs for petitioner in No. 88-854. William Greenberg and Joseph Maria filed briefs for petitioners in No. 88-870. Rex E. Lee, Carter G. Phillips, Mark D. Hopson, Stanley R. Strauss, Michael W. Sculnick, and Paul W. Pickelle filed a brief for the city of Yonkers, respondent under this Court's Rule 12.4, in support of petitioners.

Solicitor General Starr argued the cause for respondents in all cases. With him on the brief for the United States were Acting Assistant Attorney General Turner, Deputy Solicitor General Shapiro, Michael R. Lazerwitz, David K. Flynn, and Linda F. Thome. Grover G. Hankins filed a brief for respondents Yonkers Branch — National Association for the Advancement of Colored People et al.†

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

This action is the most recent episode of a lengthy lawsuit in which the city of Yonkers was held liable for intentionally enhancing racial segregation in housing in Yonkers. The issue here is whether it was a proper exercise of judicial power for the District Court to hold petitioners, four Yonkers city councilmembers, in contempt for refusing to vote in favor of legislation implementing a consent decree...

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