Opinion

Avery v. Midland County

  • 390 U.S. 474
  • 88 S. Ct. 1114
  • 20 L. Ed. 2d 45
  • 1968 U.S. LEXIS 2061
Court
Supreme Court of the United States
Filed
Apr 1, 1968
Status
Published
Author
Stewart
On the bench
White, Harlan, Fortas, Stewart, Marshall
Cited by
582 cases
Authority
More cited than 24.1%

holding “that the Constitution permits no substantial variation from equal population in drawing districts for units of local government having general governmental powers over the entire geographic area served by the body,” id. at 484-85, 88 S.Ct. 1114

How later courts described this case

  • holding “that the Constitution permits no substantial variation from equal population in drawing districts for units of local government having general governmental powers over the entire geographic area served by the body,” id. at 484-85, 88 S.Ct. 1114
  • finding that city, town, or County may no more deny equal protection than it may abridge freedom of speech, establish an official religion, arrest without probable cause, or deny due process of law
  • mandating that the commissioners court verify population compliance of county election precincts each odd-numbered year
  • holding that a qualified voter in a local election had a right to have his vote counted with substantially the same weight as those of other qualified voters when the local officials exercised “general governmental powers over the entire geographic area served by the body”

Written by the judges who cited it.

The opinion

Mr. Justice Stewart,

dissenting.

I would dismiss the writ as improvidently granted for the reasons stated by Mr. Justice Harlan and Mr. Justice Fortas.

*510 Since the Court does reach the merits, however, I add that I agree with most of what is said in the thorough dissenting opinion of Mr. Justice Fortas. Indeed, I would join that opinion were it not for the author’s unquestioning endorsement of the doctrine of Reynolds v. Sims, 377 U. S. 533 . I continue to believe that the Court’s opinion in that case misapplied the Equal Protection Clause of the Fourteenth Amendment — that the apportionment of the legislative body of a sovereign State, no less than the apportionment of a county government, is far too subtle and complicated a business to be resolved as a matter of constitutional law in terms of sixth-grade arithmetic. My views on that score, set out at length elsewhere, * closely parallel those expressed by Mr. Justice Fortas in the present case.

Lucas v. Colorado General Assembly, 377 U. S. 713, 744 (dissenting opinion).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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