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Clements v. Fashing

457 U.S. 957 (1982)

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Clements v. Fashing

United States Supreme Court
457 U.S. 957 (1982)

  • Written by Galina Abdel Aziz , JD

Facts

Fashing, Baca, McGhee, and Ybarra (plaintiffs) were public officials in Texas. Fashing was a county judge, Baca and McGhee were justices of the peace, and Ybarra was a constable. Each of them wanted to run for a higher public office, but none could announce their candidacies because of Article XVI, §65 of the Texas Constitution, which triggered the automatic resignation of any public official who announced his candidacy for another public office. Baca specifically alleged that he could not run for the legislature because Article III, §19 of the Texas Constitution required officeholders to complete their current terms before becoming eligible to serve in the legislature. The District Court for the Western District of Texas found that both sections violated the officials’ equal protection rights. The court of appeals affirmed.

Rule of Law

Issue

Holding and Reasoning (Rehnquist, J.)

Concurrence (Stevens, J.)

Dissent (Brennan, J.)

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