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Avery Vs. Midland County
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- US Supreme Court
- Apr 01, 1968
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Avery v. MidlandSearch
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County - 390 U.S. 474 (1968) U.S. Supreme Court Avery v. MidlandSearch
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County, 390 U.S. 474 (1968) Avery v. MidlandSearch
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the Fourteenth Amendment, be apportioned among single member districts of substantially unequal population. Reynolds v. SimsSearch
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Amendment. We granted review, 388 U.S. 905 (1967), because application of the one man, one vote principle of Reynolds v. SimsSearch
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In Reynolds v. SimsSearch
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see little difference, in terms of the application of the Equal Protection Clause and of the principles of Reynolds v. SimsSearch
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citizens, but only that the distinctions that are made not be arbitrary or invidious. The conclusion of Reynolds v. SimsSearch
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boards of component districts even though the component boards had equal votes and served unequal populations. Sailors v. BoardSearch
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nature of the area school board's functions and the essentially appointive form of the scheme employed. In Dusch v. DavisSearch
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that population does not govern the apportionment of the Commissioners Court is before us. See Mercantile Nat. Bank v. LangdeauSearch
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Radio Station WOW v. JohnsonSearch
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Cases in which the highest state courts applied the principles of Reynolds v. SimsSearch
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to units of local government include Miller v. BoardSearch
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Montgomery County Council v. GarrottSearch
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Hanlon v. ToweySearch
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Armentrout v. SchoolerSearch
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Seaman v. FedourichSearch
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Bailey v. JonesSearch
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Sonneborn v. SylvesterSearch
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Wis.2d 43, 132 N.W.2d 249 (1965). Newbold v. OsserSearch
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In opposition to these cases are only the decision of the Texas Supreme Court in the case before us and Brouwer v. BronkemaSearch
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of the Michigan Supreme Court divided evenly on the question. Among the many federal court cases applying Reynolds v. SimsSearch
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to local government are Hyden v. BakerSearch
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Martinolich v. DeanSearch
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Strickland v. BurnsSearch
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Ellis v. MayorSearch
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A precedent frequently cited in opposition to this conclusion is Tedesco v. BoardSearch
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the Privileges and Immunities Clause. A more realistic answer is that Tedesco, decided 12 years before Baker v. CarrSearch
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by Baker and the succeeding apportionment cases. See, among the great many cases so concluding, Delozier v. TyroneSearch
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See v. CitySearch
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Thompson v. CitySearch
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wishing to deprive other citizens of equal treatment or how small the minority who object to their mistreatment. Lucas v. ColoradoSearch
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Brief for the United States as Amicus Curiae 22, n. 31, filed in Sailors v. BoardSearch
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This should suffice to defeat the exercise of this Court's jurisdiction. See, e.g., Department of Mental Hygiene v. KirchnerSearch
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of state court judgments has been whether the judgment leaves more than a ministerial act to be done. See, e.g., Pope v. AtlanticSearch
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Republic Natural Gas Co. v. OklahomaSearch
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the requirement of finality is an unwaivable condition of this Court's jurisdiction, see, e.g., Market St. R. Co. v. RailroadSearch
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only because the Court has done so, I consider this decision, which extends the state apportionment rule of Reynolds v. SimsSearch
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thought by some to justify the profound break with history that was made in 1962 by this Court's decision in Baker v. CarrSearch
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See the concurring opinion of Mr. Justice Clark in Baker v. CarrSearch
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to which an apportionment may take into account population changes which occur between decennial censuses. Cf. Lucas v. RhodesSearch
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of this writer). Another is the degree of population variation which is constitutionally permissible. See Swann v. AdamsSearch
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Rockefeller v. WellsSearch
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