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Fortson Vs. Morris

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  • US Supreme Court
  • Dec 12, 1966

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59 entries 5 linked 54 unlinked
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  1. Gray Vs. Sanders US Supreme Court · Mar 18, 1963
  2. Fortson Vs. Toombs US Supreme Court · Jan 18, 1965
  3. Smith Vs. Allwright US Supreme Court · Apr 03, 1944
  4. Wesberry Vs. Sanders US Supreme Court · Feb 17, 1964
  5. Reynolds Vs. Sims US Supreme Court · Jun 15, 1964
    Relied / Followed
  6. U.S. 231 (1966) U.S. Supreme Court Fortson v. Morris
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  7. U.S. 231 (1966) Fortson v. Morris
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  8. there being no federal constitutional provision prescribing the method a State must use to select its Governor. Gray v. Sanders
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  9. b) The Georgia Legislature is not disqualified for malapportionment to elect a Governor, since, under Toombs v. Fortson
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  10. Equal Protection Clause. We reverse the District Court's judgment. The District Court erroneously relied on Gray v. Sanders
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  11. Constitution as the valid law of the State except as it thought itself compelled to strike it down because of Gray v. Sanders
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  12. performing its responsibility of electing a Governor because it is malapportioned. But this is not correct. In Toombs v. Fortson
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  13. occasioned the election has not been filled. Page 385 U. S. 239 Our starting point is what we said in Gray v. Sanders
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  14. All the vices we found inherent in the county unit system in Gray v. Sanders
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  15. is an unconstitutional weighting of votes, having all the vices of the county unit system that we invalidated in Gray v. Sanders
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  16. fails to satisfy the basic requirements of the Equal Protection Clause, as delineated in our opinion in Reynolds v. Sims
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  17. See Lucas v. Colorado
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  18. In Gray v. Sanders
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  19. scheme is forbidden by the Equal Protection Clause of the Fourteenth Amendment as construed by this Court. 1. Gray v. Sanders
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  20. the county unit system as part of the mechanics for election of Governor, I assume there would be no doubt that Gray v. Sanders
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  21. would invalidate the provision. Unless the Court is overruling Gray v. Sanders
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  22. and award the office to the winner or the loser of the popular election, as it may see fit. The analogy to Gray v. Sanders
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  23. The Georgia Legislature is concededly malapportioned, and is under a federal court order to reapportion itself. Toombs v. Fortson
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  24. U. S. 210 (1966), affirming 241 F.Supp. 65 (D.C.N.D.Ga.1965). See also Fortson v. Toombs
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  25. In Toombs v. Fortson
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  26. Protection Clause of the Fourteenth Amendment forbade a State to incorporate in its election procedures. Reynolds v. Sims
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  27. this Court has held, functions only by judicial sufferance despite its constitutional infirmity. To a reader of Gray v. Sanders
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  28. and Toombs v. Fortson
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  29. the provisions for legislative selection of a Governor and have substituted a runoff or special election. See Fortson v. Toombs
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  30. total inability to understand how the two rulings can be reconciled. 4. In denying the applicability of Gray v. Sanders
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  31. It is no less a voting case because it deals with the election of the Governor, rather than his nomination, as in Gray v. Sanders
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  32. for example, that, in the early days of the Nation, many of the state legislatures were malapportioned. See Reynolds v. Sims
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  33. Missouri v. Holland
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  34. the courageous District Court that, in the present case, insisted upon following this Court's decision in Gray v. Sanders
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  35. s dynamic provisions with respect to the basic instrument of democracy -- the vote. 6. The Court brushes off Gray v. Sanders
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  36. Page 385 U. S. 250 so beguiled by changes in the scenery that we have lost sight of principle. See Terry v. Adams
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  37. U. S. 649 , 321 U. S. 661 (1944). See also Wesberry v. Sanders
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  38. by any other interpretation of our Constitution. Page 385 U. S. 251 In essence, Gray v. Sanders
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  39. Thompson v. Talmadge
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  40. This would resemble the presidential electoral college system. Gray v. Sanders
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  41. not indicate the constitutionality of analogous state schemes. 372 U.S. at 372 U. S. 378 . See also Reynolds v. Sims
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  42. Baker v. Carr
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  43. Harper v. Virginia
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  44. Only last Term, the Court held in Harper v. Virginia
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  45. the Due Process Clause of the Fourteenth Amendment 'does not enact Mr. Herbert Spencer's Social Statics' ( Lochner v. State
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  46. due process to a fixed catalogue of what was at a given time deemed to be the limits of fundamental rights. See Malloy v. Hogan
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  47. S. at 383 U. S. 669 . See also the classic statement by Mr. Justice Brandeis, in his dissent in Olmstead v. United
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  48. U.S. Supreme Court Fortson v. Morris
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  49. Governor. Gray v. Sanders
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  50. Toombs v. Fortson
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