Opinion

Fernando Rodriguez, Jr. v. The Honorable Archie S. Brown

  • 429 F.2d 269
  • 1970 U.S. App. LEXIS 8349
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 2, 1970
Status
Published
Author
Wisdom
On the bench
Wisdom, Ingraham, Brewster
Cited by
5 cases
Authority
More cited than 24.9%

disparity of 1.5 percent

How later courts described this case

  • disparity of 1.5 percent

Written by the judges who cited it.

The opinion

WISDOM, Circuit Judge

(dissenting) :

I respectfully dissent.

The requirement that jury commissioners be freeholders is an anachronism offensive to the United States Constitution. “Lines drawn on the basis of wealth or property, like those of race * * * are traditionally disfavored”. Harper v. Virginia State Board of Elections, 1966, 383 U.S. 663 , 86 S.Ct. 1079 , 16 L.Ed.2d 169 . The exclusion of non-freeholders is an irrational classification, in that it excludes all persons, many eminently qualified, who prefer to rent rather than own their homes. The exclusion of non-freeholders serves no compelling state interest. See Kramer v. Union Free School District, 1969, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed.2d 583 ; Cipriano v. City of Houma, 1969, 395 U. S. 701 , 89 S.Ct. 1897 , 23 L.Ed.2d 647 ; Stewart v. Parish School Board of St. Charles, E.D.La.1970, 310 F.Supp. 1172 .

I would hold that, on its face, Article 19.01 is repugnant to both the equal protection and due process clauses of the Fourteenth Amendment.

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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